04-18-2012, 10:13 AM
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#28 (permalink)
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| Member
Join Date: Aug 2011
Posts: 507
| Re: My wife says she wants a divorce. Any help appreciated?
Discrete infidelity rarely impacts child custody issues. But blatant infidelity, particularly if the children are aware, directly impacts a courts determination of fitness to have primary custody. Then you can always hope that a contested case goes before a prude of a judge (which happens). I don't know what your attorney has advised, but why don't YOU file for divorce, seek temporary custody pending a final determination and cite her mis-deeds as a basis for obtaining custody. That forces her to defend herself which I doubt she can do, continues to give you time to prepare your case, and makes sure the children are properly cared for.
I understand your reluctance to kick her out, which was the primary reason I waited so long to do anything. My STBXH hasn't worked in three years. Now, he is going to go scam his family members to support him while his child support accrues. It seems while I could never convince him to help his family, the courts have no problem imputing income on his sorry butt and rejecting all his lame excuses.
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