Disappointed
New
Reged: 04/07/08
Posts: 3
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I'm kind of new with this site. I've notice some impressive answers the members have given. I would like to know if your familiar with New York state divorce laws? If so... I would like to get a heads-up on what is going to take place in court. My husband has filed for a divorce. The Divorce complaint states for constructive abandonment dated for Jan 2006 thru Jan 2007. and I'm contesting it because it's not true and I have proof. The Judge has set down our trial on divorce grounds for May 2008 .Please allow me to bring you up to date. My husband and I were married for five years as of Sept. 2007 This is his third marriage and this is my first. He left me in Nov. 2006. He woke me up at 6 am to tell me that he is not happy and he can no longer live in this house with a grown man, referring to my 20 yr old son. At that very moment I asked him if he wanted a divorce and he said no. However, exactly two months later he filed for a divorce and had a process server to serve me on my job. He have two children one from his second wife and one from a girlfriend. He married his first wife when he was 19 yrs old for her citizenship. When I met my husband he had a lot of debt he bankrupt and I help him pay for his legal fees including marital, bankruptcy, and starting his own business, which included more legal fees i.e., trademark for the business, registering the name, purchasing the logo, his student loans etc. I have excellent credit and I used most of my credit cards to help him. At the time I was collecting Social Security disability, workers compensation and child support for my child from a previous relationship. I was a stay at home mom helping my husband start his business, assist him with his term papers from school, and assist him with his children on the weekends when they visited. When starting a business you are going to take a loss in the first year or two which affected us. So my husband and I decided that I should try to go back to work to help pay off some bills. When my husband left me in Nov 2006, He left me with some of the debt (Credit Card and checking account over draft payments). He took with him his two credit cards, student loans, car note (the loan in my name), and child support payments. I panic because I now have to manage the household bills on my own. My son is now grown and moved out of the apartment. My husband stated that he is not going to assist me financially because he does not live with me anymore. On March 2007 I took him to family court to try to get spousal support however, the judge stated that because there is a divorce action being taken I have to wait for the divorce to be finalized first. I explained to the judge that my husband has not properly served me the divorce paper as of yet he just handed them to me. The judge states that it doesn't matter because the divorce has already been filed. Meanwhile it's been a over a year and I still have not received one dime from him for any of the household expenses. This has caused me to work overtime, time and a half, on holidays as much as possible in order to pay bills. I over worked myself so much that now I am out on disability again. My doctor has ordered me to stop working immediately as of DEC. 2007. Fortunately, I was able to get my social security disability reinstated . I have retained a lawyer and I was informed that since I'm no longer working, my husband may be responsible for my legal fees. My husband has three jobs, a Social Worker by day ,a Sales Associate by night and manages our Aquarium business on the weekends. Last I heard it's not doing to well. My attorney will be appraising his business, 401 K and his net worth statement to see if I can get temporary maintenance (Pendente lite). Looking at my husbands net worth statement he has a substantial amount of debt to pay, his student loan, child support, car note, legal fees, and two major credit cards. Honestly I don't want a divorce I love my husband very much and that is why I'm contesting the divorce.. I don't believe in it. I believe that we can go to counsel and work it out. I don't want to hurt my husband financially. Apparently he doesn't care enough about my finances huh? To this day I still don't know why he left me. There was no fight or disagreement. Finally, my question is... How can my husband get a divorce without me consenting to the divorce decree? Can I get permanent spousal support now that I'm disabled? Can my husband be held accountable for my debt and legal fees with a substantial amount of debt? Can the judge order us counsel instead of a divorce? There is no legal separation he just abandon me without rime or reason for over 17 months does that qualify him for grounds to file constructive abandonment? I didn't leave him, he left me I have grounds for divorce! He constructively abandon me! I don't have a clue as to where he is. He don't talk, e-mail , call or text me for any reason. What chance do I have of getting my husband back? What ever happend to In Sickness and In Health, til death do us Part? Am I making any sense? If not help me understand how this works please!!! Sorry for the long letter! Thank you for your outstanding patience and cooperation
Disappointed!
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Jada
Platinum

Reged: 06/02/07
Posts: 3316
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The only way the divorce can be stopped is if the party who wants the divorce decides s/he doesn't want the divorce.
A judge isn't going to force him to stay married to you.
And from what you have posted, you need to accept that he doesn't want to be married.
You can fight the divorce, you can make it hurt more, you can make it cost more. But you can't stop the divorce without your stbx's consent. And that is what he is, your soon to be ex. It may not be what you want, but you are only hurting yourself by holding onto hope when he has made it clear that there is no hope.
As for spousal support, you really haven't been married that long. As for the debt, the courts will probably order him to pay some of it, but if it is in your name on it and not his, the creditors will come after you if he doesn't pay. My suggestion is to go for more of the assets to pay you for taking on more of the debt.
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Ang22007
Platinum
 
Reged: 06/05/07
Posts: 292
Loc: NM
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Sorry Disappointed, Jada is right, you are just dragging it out and costing yourself a lot more. He seems to have made it abundantly clear that he is done with the marriage, regretably you will just have to accept that. Don't give up on this site though, there are a lot of really smart/nice people that can help you thru this crappy process.
I wish you the best.
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happy2beme
New
Reged: 03/26/08
Posts: 20
Loc: Tennessee
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Disappointed,
Did you ever bring it up to him that you helped him get this far with the student loan., business ,etc.?
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EmergeAnew
Platinum
 
Reged: 02/26/08
Posts: 229
Loc: IL
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Disappointed,
I am so sorry for your situation. However the previous posters are right in regards to stopping the divorce, you cannot stop it only your STBX can. And having had 3 divorces prior, it doesnt seem that this man knows much of what he wants, and a girlfriend with a child also. Im sorry to say it Disappointed, but this man seems like a serial adulterer; honeslty I wouldnt be surprised to find out that he is having an affair now also.
I know how much it hurts, and how much pain you are in. I know you dont want this to happen and you wish it was different, back the way it was. The fact is that you husband has some serious issues, and that is not something you can change, only he can. The only person you have control over is yourself.
As far as the debt, let your lawyer handle that. They will asses values and debt ratios and they try to divide it evenly, perhaps more to him since you are disabled, im not sure.
The judge will not order you to conceling instead of divorce, unfortunately only one person needs to want a divorce for it to happen. And no, you will not get permanent spousal support. The judge is not going to care about "he said / she said" kinds of things, judges like facts, period, nothing more. They dont have the time to listen to arguing and bickering.
Right now take the time to focus on you, think about what you can do, how you can better yourself, what you are going to do to improve yourself and your life for YOU. IF amidst all of your self improvement and moving forward in your life your husband decided to turn a new leaf, then you deal with that if it happens. But for now you cant live your life hoping that will happen, you have to live your life for you and your son.
I am quite certain that your husband didnt leave you becuase of your son, so please first and foremost do not ever think that or lead your son to believe that. Its just not true. And if your son moved out soley becuase of that, please let your son know that you do not feel that way or believe it and that he is welcome anytime he wants, that ultimately he is more important than your STBX.
Fear is crippling, dont let it control you. Take a deep breath and realize that you have a life to live, you have a son that needs you. Things are going to be ok for you, and you are going to be ok, you can and will get through this.
-------------------- You must be the change you wish to see - Mahatma Gandhi
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