Asked 11/1/2011
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Military Wife Seeking Possible Divorce Advice Married for three years, two children under the age of 3. My husband is active duty Army and has just received orders to move to WI from UT. Our marriage has been very rocky the last year and he has become very emotionally and verbally abusive (f%#k you, bi$%h, whore, stupid, wish you would die, I f&%king hate you, etc). These have been said in front of our two toddlers. When he came home from overseas a year ago, he was dealing with custody issues with his oldest son who is now 12 - our baby was 6 wks at the time - we got into an argument and he called the cops on me. I did not say much to the officers as to protect his career and I in turn had to go to court to have DV charges dropped from the state. Child Services got involved, they later changed their determination to unsupported. I feel that my husband has been doing these things to me to avoid a custody fight when we divorce. I recently lost my job (first time in 15 years) and my husband says that he will now get full custody for that reason as well. He has also stated that he will file for a divorce when I get a new job to ensure that he does not have to pay as much in child support. His recent PCS orders out of state have made me wonder if I should get a divorce before he moves. I am terrified of losing my babies with all of the threats that he has made. We recently purchased our first home together this year. I do not know where to start or if the past hurt my chances for custody. |
Answer 1/3 - Submitted 11/1/2011
I should add that when we first were married, I filed for bankruptcy (this was 4 years ago). I had great credit then and have great credit now. I know when we go to court my husband will use anything and everything against me. Any advice on custody/divorce would be greatly appreciated. He waivers back and forth and recently said that he will take the children with him to WI and I can go out to see them on my own dime. The next minute he acts as though we are fine and are moving together. He has instilled fear with the two things that mean the world to me.
Answer 2/3 - Submitted 11/1/2011
If you were to choose the path of divorce there will be a couple of potholes. First off the fact that you recently lost your job would hurt your case in a custody battle, but if it can be shown that you are actively seeking a job and that you have a stellar work performance history this obstacle can be overcome quite easily. Secondly I guess would be the domestic charges against you in the past. Unless the record was completely expunged (erased) and not just dropped then that will come to light in the custody hearing and may weight heavily against you.
Now in your favor though is your husband's military career. Military careers are seen as a great service to the country but they also mean that he has to spend a lot of time away from home and thus away from the children. It is likely that this will weight in your favor as you an devote more time and concern to the children than he can.
If I were you legal counsel I would advice you to do a few things to prepare yourself for the divorce. First I would find another job if possible or at least be very engaged in seeking one, alimony will normally be less if you have a job yourself but child support is unaffected by employment status.
Second you want to try and get some proof of the abusiveness of your husband to counteract the charges brought against you in the past a hidden tape recorder or camera will do the trick. Additionally on this note if you have proof when you file for divorce I would also file a complaint with the police in domestic abuse against your husband with the same evidence to further hurt his cause.
Thirdly I would prepare yourself to talk about how you can be a better mother than he can be a father as a divorcee. Prepare an argument against his military career and constant need to move and be deployed etc.
Do all that and I think you will easily win custody in a divorce maybe even sole custody giving you the upper hand and all the power in raising your children!
Answer 3/3 - Submitted 11/1/2011
A mother is given top priority over custody questions and will take custody of her babies barring extreme circumstances such as drunkenness, drugs, and insanity (which seem to be all his things, not yours).
Verbal abuse is violence with words. You have suffered enough.
File for your divorce regardless of the fact you have a new home, he's moving out of state, and you lost your job.
Get him served with the petition for divorce before he moves out of state. This will make it a little easier, but it's no big thing to serve him once he's gone.
You should petition for custody and child support from him. Also, you should make his threats very clearly well-known to the court.
The court may even want to issue a protective order for you and your babies because of his violent and threatening nature.
Explain very fully to the court, and show all supporting documentation, as to how your husband manipulated and falsely charged you previously, putting you to the trouble of having to go into court to erase these things from your record. This shows his violent and vindictive nature.
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