My talk with the Lawyer......
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| Thu, 05-31-2007 - 10:28am |
So I went to my consultation with the lawyer last night. DH thought I was at therapy. I expressed all my concerns about my son and taking him across state lines. I also expressed my concern about how my husband would react to me leaving. I also discussed the division of my stuff, his stuff, and our stuff that we have bought over the years. The lawyer took down all financial information. And in so many words this is what he said.
You basically are not going to be entitled to alimony since you make more than he does. As far as leaving the best, way to do it would be for you to move out on your own for 6 months and file custody papers to the tune of $3,000-$4,000. I told him about my son going to IN for the summer. I told him I wanted to leave with in a month or so after I saved some money. He told me that I have every right to take my son where I please, and if I chose to leave the only legal action that could take place is my DH could file for custody down in NC, but that would also cost him $3,000-$4,000. He asked if my DH would be able to get up that kind of money either through a loan or family. I know for a fact he can’t get a loan and his family has no money. He told me, "I see cases like this everyday women coming in here, because they married pieces of s**t for men and then later on they want to get on with there life cause they know they can do better without their husbands." He told me to let my son go to IN for the summer, wait until my husband goes to work, then bring in the U-Haul and load up all of the household stuff and take him to the cleaners. Possession is 9/10 of the law. He told me to leave a note for my husband and tell him that I need a separation for 6 months and during that time I will not ask for any child support. Once I live in IN for 6 months and 1 day I can file for custody and child support. We don’t own a house. The only thing we have in debt that is in both of our names is his truck, which will probably get re poed after I leave since I pay 75% of the bills. Then I will have to deal with that on my credit and the finance company coming after me for the balance that would be owned on it. I would take the truck but I can’t afford the payments and be able to support myself and my son. I don’t want to move back into my parents forever. Plus the gas for the truck is like $70 a week just to fill up.
As far as taking this lawyers advice. I think I am going to leave when my husband is not home and my son is safely in IN with my parents. I will pack up all my belongings and things that have sentimental value to me. All the rest of it can stay. As far as my action plan for leaving I need to talk to my therapist and make out a plan. I do have some guilt for leaving him. (I know I am crazy) I have another appointment on the 5th of June with my therapist so I can talk to her about that then....
I have a lot of sorting out stuff and looking through things to do... yuck!

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What a great post, Momma.
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