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Need Christian Advice

Mgarcia3

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Hi.
I'm Meloney. I am in need of some advice.
My husband and I have been separated since 2004, and he had filed for divorce, and in december, I told him that I didn't want to go through with it, and we have been trying to work things out.
I received a letter from his attorney stating that he wanted to settle the dissolution out of court. Which, obviously caught me by surprise, since well, we were supposed to be restoring our marraige.
He committed adultry, and was abusive, and while we were separated, I did committ adultry as well. We both forgave one another, and decided that our marriage was worth fighting for. So, my question is.. does he have grounds for the divorce, since we have both forgiven on another? Is it not true that once forgiveness has happened, and the intimacy has returned, there is no longer biblical grounds for divorce.? He says that my "financial problems" are why he wants to go ahead with the divorce. Is that grounds for a divorce??
Please advise.. I don't know if I'm strong enough to go through with this divorce.
GOD BLESS.
 

MaraPetra

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I'm not sure about the divorce laws in your state, but I can tell you from a personal perspective that verbal forgiveness doesn't constitute well in court.

It's a decision your husband has made to continue with the filings despite "forgiveness". What is he citing as the reasons for wanting the divorce? Legally, he can use "irreconciliable differences", and in your case, "adultery". It should be marked on the divorce filings. I'm quite sure "financial problems" isn't a justification, but his excuse.

I'm sorry, but based on what you've said, he hasn't "forgiven" anything. It does sound like he used you for sex in the interim.

The parting of marriage is such a messy situation to begin with, and if he's asking for dissolution, then it sounds like his mind is set on divorce, despite his promises. About the only thing I can recommend is couple's counseling for both of you to try and work out the situaion.

In the meantime, keep your attorney. It sounds like you'll probably need the legal representation :sigh:

:prayer:
 
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christalee4

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I am sorry to hear about your plight. The first question is, how does your state approach divorce? Is it no-fault, in which one doesn't need a reason for divorce, or does one need a reason, like "irreconciliable differences", "abandonment", etc.? The reason he stated doesn't sound like a legitimate one to me. If you are in a no-fault divorce state, he doesn't need a reason. However, you do have rights.

Retain a good lawyer. Make sure that you have no credit cards with his name on them. If so, cancel them immediately. Keep all of your records handy; copies of the bills, mortgage statement, etc. You didn't state if you have children, or how long you have been married for.

Document everything! Write everything down, including approximate dates of conversations you had, that indeed he gave you the impression that he wanted to reconcile. He obviously was not telling you the truth about reconciling and maybe playing you along. Keep a journal.

Under no circumstances, do you settle out of court. You must retain an attorney. You may be entitled to alimony. If you have children, child support.

You are probaby feeling betrayed and guilt ridden now. You made mistakes, your husband made mistakes, and now he hits you with this out of left field. It sounds like he has made up his mind, if his attorney sent you this letter. If you feel weak and helpless, get counseling and support from sympathetic family members, and a good counselor. But for yourself, sister, you must be strong. You can and will get through this. Pray and be strong - ask God to give you strength and He will.
 
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Autumnleaf

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Mgarcia3 said:
Hi.
I'm Meloney. I am in need of some advice.
My husband and I have been separated since 2004, and he had filed for divorce, and in december, I told him that I didn't want to go through with it, and we have been trying to work things out.
I received a letter from his attorney stating that he wanted to settle the dissolution out of court. Which, obviously caught me by surprise, since well, we were supposed to be restoring our marraige.
He committed adultry, and was abusive, and while we were separated, I did committ adultry as well. We both forgave one another, and decided that our marriage was worth fighting for. So, my question is.. does he have grounds for the divorce, since we have both forgiven on another? Is it not true that once forgiveness has happened, and the intimacy has returned, there is no longer biblical grounds for divorce.? He says that my "financial problems" are why he wants to go ahead with the divorce. Is that grounds for a divorce??
Please advise.. I don't know if I'm strong enough to go through with this divorce.
GOD BLESS.

He probably tried to make nice with you so you'll let him rip you off in the divorce by not going to court. Find the best lawyer you can and get the divorce, you both cheated, over with legally. Your husband is playing nasty games with you and you should be offended at being used.
 
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bkg

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Be very careful of passing judgement on a man whom nobody but the OP knows.

There is rarely a Biblical divorce - maybe 1/10,000. By the law of the land, he has every ability to file as you have committed adultry (knowing he did as well makes it quite hypocritical, but it's still grounds). Forgiveness is such a wonderful thing, but also a very fragile thing. Has he really forgiven? Have you? Are either of you holding this over each other's heads despite having verbally forgiven? Are you living together or still separated? Is there other stress in the relationship beyond the financial that you mentioned?

Try to, if possible, take a look at the situation holisitcally. There is likely information missing in your post that might help you understand or conclude the course to take.
 
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dmp

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lordy - bunch of man-haters here...geesh...

Perhaps your husband forgives you, but feels he can't trust you in one or two areas? Perhaps he wants to settle out of court because it's MUCH less stressfull, and he's trying to keep from having to 'battle' you? Perhaps he wants to settle out of court as a way to be more civil to you?
 
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Liselle

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Being newly divorced (my choice) DO NOT settle out of court. GET A LAWYER who will make sure you get what you need to be financially set. DO NOT count of him to play nice, and don't you fall into the trap either of "I'll be nice, I just want it over." Get help to get what you need. Been there, done that. I'm not a man hater, I just know how things can get from a woman's standpoint.
 
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dmp

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Liselle said:
I just know how things can get from a woman's standpoint.


Yup - Women get Half a guy's pay, usually the house, none of the debt - ESPECIALLY if there are kids involved. The 'system' is so biased against men anyway, it'd be laughable if it wasn't so scary. :(
 
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ClaireZ

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dmp said:
Yup - Women get Half a guy's pay, usually the house, none of the debt - ESPECIALLY if there are kids involved. The 'system' is so biased against men anyway, it'd be laughable if it wasn't so scary. :(

Actually they don't. :)

A lot of factors go into the financial end of a divorce. Most important as you mentioned is if children are involved. If they are, any man would want to do his duty, and make sure his children are provided for. This money goes to make sure his children are fed, clothed, housed and educated. Just because a marriage ends, it doesn't mean you divorce your children or shirk your responsibilites. Men who gain custody also receive child support from thier ex-wives. The court considers the support and care of the children the top priority.

As far as alimony, that is generally not even given. Depends on the duration of the marriage, the ability of a woman to earn her own living, etc. If it is awarded it is generally for a short duration-- long enough for her to get job training, or some education to support herself. However, if the man has been a stay at home dad, or if her salary is much higher than his, the husband would also qualify for alimony.

As for marriage assets, these are generally split 50/50, unless one partner can prove that they were mostly innocent of any failure in the marriage. For instance, if a woman divorced her husband because she was having an affair, and her husband had proof, she might only be awarded 20 or 30 percent of the marriage assets.
 
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MaraPetra

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Wow, dmp. That's a pretty broad statement, and very misleading.

Children are, first and foremost, a prime consideration whenever child support, alimony, palimony, and asset division are in question. A judge will always find in the best interest of the children.

Two cases in point:

During my divorce, I didn't want to take my ex for everything he had. We settled on $150 per month in child support for two kids, and since he'd insisted during our marriage that everything be put solely in his name, I was able to leave without those things affecting my credit. Obviously, it was a foolish move on my ex's part to have those things on his name only, but hindsight is 20/20. I was actually asked by the judge if I wanted to "split" the assets, and I declined. I wanted nothing more than to be free of the man. Later on, my son went to live with his father, so the child support was dropped completely. Now, keep in mind that I had been a housewife, my daughter was 13 months old when I left, and I had no income of my own.

So my ex "got away" (as many saw it) with minimal child support, he kept all assets, he was able to support himself, and I left with nothing more than my kids, my car and what was left of my self-esteem. Hardly an ideal scenario for me, but at the time, it's what worked. I have no regrets, but the original poster may not wish to be so generous when children are involved.

Second case in point is my second husband's divorce from his first wife. In his divorce, his ex lost custody of her two children...Well, it's actually more accurate to say that she signed them over to their father. She pays HIM child support, and trust me, it's quite a large amount. Financially, he had to declare bankruptcy, so they both lost everything.

So in the second scenario, the deciding factor was the involvement of children. My husband had a more stable household, a more stable work history, and wasn't sleeping with everything that moved.

Before you say that men get "shafted" in a divorce, please consider that there are other scenarios.

Regardless, a good attorney is vital for any woman going through a divorce, because her interests need to be protected.

In divorce, grief stages are experienced. It's almost like the death of a loved one, because you're mourning what's passed away. In the anger stage, which is what the original poster seems to be describing in her ex, all consideration for the other person normally goes out the window, and it becomes a "me! Me! Me!" scenario.

The original poster would be very foolish to assume that her husband will look after her best interests at this stage. In all likelihood, he's looking to protect his own hide...Why else would he have an attorney?

And hence, the original poster would need to retain an attorney to protect her own interests, and to keep her from being railroaded by an angry, self-protecting ex with legal advice.
 
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dmp

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MaraPetra said:
Wow, dmp. That's a pretty broad statement, and very misleading.

Children are, first and foremost, a prime consideration whenever child support, alimony, palimony, and asset division are in question. A judge will always find in the best interest of the children.

Not in this state. $1000/month for two kids? And I make 'average' income levels.

Later on, my son went to live with his father, so the child support was dropped completely. Now, keep in mind that I had been a housewife, my daughter was 13 months old when I left, and I had no income of my own.

If his father has custody, he rightly shouldn't pay child support for that kid. I'd consider that if your son went to live with his father, maybe you should be liable to pay child support - he's your son, too. It's not your husband's responsiblity to provide your income, right? What did you do? You made it. You worked hard and found a way to generate income.

So my ex "got away" (as many saw it) with minimal child support, he kept all assets, he was able to support himself, and I left with nothing more than my kids, my car and what was left of my self-esteem. Hardly an ideal scenario for me, but at the time, it's what worked. I have no regrets, but the original poster may not wish to be so generous when children are involved.

Right - learn from your mistake. Frankly, $150 is WAY too low. At least in this area.

She pays HIM child support, and trust me, it's quite a large amount. Financially, he had to declare bankruptcy, so they both lost everything.

In this state, Fathers don't typically win custoday. If the mother rejects custody, it's right she should pay child support. If he was getting paid a lot of money from child support, what does the bankrupcy come in? Don't see the relation.

Before you say that men get "shafted" in a divorce, please consider that there are other scenarios.
Regardless, a good attorney is vital for any woman going through a divorce, because her interests need to be protected.

I just don't know who in their right mind would accept $150/month as child support AND sign over all assets to their spouse. Course, going thru a divorce does cause a lot of stress, I'd imagine.

The original poster would be very foolish to assume that her husband will look after her best interests at this stage. In all likelihood, he's looking to protect his own hide...Why else would he have an attorney?

And hence, the original poster would need to retain an attorney to protect her own interests, and to keep her from being railroaded by an angry, self-protecting ex with legal advice.

Right - as if an Attorney is out for her best interests...Attorneys are there to GET PAID.

It's about personal respsonsibility. You made pretty big mistakes in your divorce - so it's right to share them in hopes people would learn from them - but to suggest an Attorney is 'on your side' is misleading.
 
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MaraPetra

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[OFFTOPIC]

Never mind, I see your problem.

I had two children with my ex...A son and a daughter. When my son went with his father, child support was null and void because we each were domiciliary for one child. We settled on each parent being financially responsible for the child with whom the parent lived.

I don't think I made a mistake in my divorce, because my ex and I each retained what was nearest and dearest to our hearts...For me, it was the kids and abuse-free living, and for him, it was his possessions. My son went to live with him because he missed his daddy, not because the father particularly wanted the child back. I'm watching my son suffer through that now, and it's heart-rending. Rejection isn't something that a child expects when he remembers a different Daddy from when his parents were "together". My son now both mistrusts and fears his own father, and there's nothing I can do about it.

Attorneys are vital, because they know the law better than the average person does. In the grief and shock of a divorce, one doesn't always think clearly. You get an attorney to interpret those laws and file what needs to be filed, because in most cases, the other spouse isn't normally going to hand you things on a silver platter. Divorces can and do get ugly, and I'm betting beyond a doubt that yours got uglier than most.

Obviously, it varies from state to state, but most legal aid facilities will put you in touch with a pro bono (or in layman's terms, free) attorney for representation.

I'm not going to quibble about how much you pay, but it's disheartening to see that you begrudge that money going to your children...Or resent your ex-wife for having to pay her that money. :( When we make children, we make an obligation that goes on for the rest of the child's life. The parent who actually raises the children on a day-to-day basis and incurs expenses in raising those children is entitled to support from the non-custodial parent.

If you're unhappy with that fact, perhaps you should request to become custodial.

At the very least, move beyond your bitterness and anger, because that will color your children's perception of you for the rest of their life. Children have a knack of remembering when Mommy hangs up the phone sobbing, or of hearing Daddy shout bitterly, or hurtful comments made by one parent regarding the other parent. Speak with any adult child of divorce, and ask them what they remember. Believe me, you'll cringe in shame when you hear your own actions echoed in the sad words of a child who remembers someone else's divorce. It took me years to learn that fact; hopefully it won't take you as long.

And one of the reasons I love my second husband so much is because of his heart. When his child support was figured, it was done from both the father's and the mother's income. My husband requested that it be only 40% of what the state mandated, because he wanted no more support for the kids than what he actually required in expenses. He didn't "bleed her dry", although he could have. Yes, the judge thought he was missing a few marbles.

And through the years, when she needed him, he helped. Three years after the divorce, she got beaten so badly by her boyfriend that she lost her baby...Her ex was the one who got her out of that place, helped her press charges, and found her a place to stay. My friend, could you be that generous to your ex three years post-divorce?

His actions of grace during his divorce have borne fruit, because his ex knows that he would never, ever take advantage of her, and that he honors her as the mother of their children. It's because of that basis that she and I were able to develop a friendship, instead of her resenting me. It's because of those factors that she doesn't resent paying her part of the kids' financial burden. I've learned through my second husband that a soft word turneth away wrath.

I've tried being just as kind to my ex...Perhaps one day, God will soften his heart so that he will see what he's done, and continues to do, in his anger.

Instead of hating your ex, and possibly hurting your kids unintentionally, try to forgive her and move on. Festering anger hurts you, not her, and the bitterness will only eat at your heart as time goes on.

What you are now, is what your children will remember what a father *should* be. Give them the right role model.

[/OFFTOPIC]
 
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dmp

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begrudging money slated for my kids? Wha?? That's just it - a parent receiving child support is under NO obligation to document how the money is being spent 'for the kids'.

Bitterness??? ***? lol :) I'm the least bitter person I know! :D My kids love me and we share nothing but trust and admiration. See, through the divorce I'm about to enter, I'm MORE concerned about 'doing the right thing' rather than 'getting what I have a RIGHT to get' from the division of property/money. It sucks to read about women who simply want to get the MOST things or money from their ex. :( Not saying YOU are in that category - but perhaps there are others here who are.

HATE? lmao - you're awfully silly. Nobody hates anybody in my family. :)


What I see in this thread is a few women who simply want-want-want...It's all about money...it's all about control and power.
 
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TexasSky

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Mgarcia3 said:
Hi.
I'm Meloney. I am in need of some advice.
My husband and I have been separated since 2004, and he had filed for divorce, and in december, I told him that I didn't want to go through with it, and we have been trying to work things out.
I received a letter from his attorney stating that he wanted to settle the dissolution out of court. Which, obviously caught me by surprise, since well, we were supposed to be restoring our marraige.
He committed adultry, and was abusive, and while we were separated, I did committ adultry as well. We both forgave one another, and decided that our marriage was worth fighting for. So, my question is.. does he have grounds for the divorce, since we have both forgiven on another? Is it not true that once forgiveness has happened, and the intimacy has returned, there is no longer biblical grounds for divorce.? He says that my "financial problems" are why he wants to go ahead with the divorce. Is that grounds for a divorce??
Please advise.. I don't know if I'm strong enough to go through with this divorce.
GOD BLESS.

If I read this correctly you are telling us that your spouse abused you and cheated on you.
Then you separated.
During the separation, while still legally married, you were with another man.
Your tried to reconcile.
Your spouse now wants to end the marriage without the benefit of the court?

Get a good attorney.

You cannot stop him from getting a legal divorce.
You can only protect yourself from being stuck without child support, half the belongings you are entitled to, etc.

There is absolutely no reason to refuse to go to court if you are going to be divorced other than to protect the individual who doesn't want you in court.
 
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Adventure

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MaraPetra said:
[OFFTOPIC]
At the very least, move beyond your bitterness and anger, because that will color your children's perception of you for the rest of their life. Children have a knack of remembering when Mommy hangs up the phone sobbing, or of hearing Daddy shout bitterly, or hurtful comments made by one parent regarding the other parent. Speak with any adult child of divorce, and ask them what they remember. Believe me, you'll cringe in shame when you hear your own actions echoed in the sad words of a child who remembers someone else's divorce. It took me years to learn that fact; hopefully it won't take you as long.
[/OFFTOPIC]
Hmmmm....I'm not the only one to notice.
 
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dmp

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TexasSky said:
You cannot stop him from getting a legal divorce.
You can only protect yourself from being stuck without child support, half the belongings you are entitled to, etc.

There is absolutely no reason to refuse to go to court if you are going to be divorced other than to protect the individual who doesn't want you in court.


Uh...she'd only be stuck w/o child support if she AGREES to that. (shrug). You people mu$t be attorney$. :)
 
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dmp

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Adventure said:
Hmmmm....I'm not the only one to notice.

No - you and that person are just two people who seem miserable, and don't have a clue.

:)

You ENJOY creating problems which don't exist - maybe it helps you sleep?

In any regard - for somebody who knows so little of Christ you seem to participate here often. I pray something will get inside you to fix your jaded heart.
 
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Adventure

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dmp said:
No - you and that person are just two people who seem miserable, and don't have a clue.

:)

You ENJOY creating problems which don't exist - maybe it helps you sleep?

In any regard - for somebody who knows so little of Christ you seem to participate here often. I pray something will get inside you to fix your jaded heart.
You don't know me. Period.

Just because you're forgiven doesn't give you a free pass to sin. Anyone with one eye and half a brain could read your blog and your posts and see what you're up to. I just pray that God lifts your veil before you ruin several lives.
 
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