Thanks again BJ, just wanted to reply to clarify some things, as they do not transpose to what I was writing well.
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I question the wisdom of your L waiting to file for a week and a half. Frankly, I would file ASAP- don't run the risk of having your W file first and take your momentum away. Once you file, you need to keep that momentum going and stay at least one step or more ahead of your W and her L.
Actually, what I SHOULD have written was, he is going to be filing quickly, just waiting for a couple days as I need to pull some assets from retirement so I can get setup in new place, and once he files, my assets will be frozen. What he will be waiting on is the summons, he is going to wait until after the weekend I move out, to ensure that I am ahead of my WAW legally, and that is mostly at my direction, not his.
My WAW is waiting for me to set the next mediation appointment, and given her total lack of motivation to do anything in this sitch, I don't see any signs of her moving to get her own L to try to file first.
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I personally don't like people who look at a challenge with a resigned attitude like your L may have.
This is also mostly me, at this point. We send my d8 to private school, and my WAW works at that school, and gets a benefit of lower tuition for doing so. My d8 does very well at this school, and I know that it is in her best interest to stay there, since I will be moving 1 hour away, it just does not make sense to fight this and tear my d8's world even more apart.
However, I know that in the future, if my WAW crashes, or d8 starts to suffer at WAW's home, or anything of the sort, then I WILL fight to get custody. I am ok with that at this time, we will see what will happen of the next few years. I have very clear thoughts on that it may come to pass that I will have to fight legally in the future on this.
The L I have is very aggressive, after interviewing several he is the most aggressive I have found. The other ones I interviewed with I asked them about the others as well, as in the D circle of lawyers, most know the a lot of the others. They even agreed that this one has a bit of a aggressive 'shark' mentality, which I will put in use during this.
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Just continue to operate above board, treat her respectfully and with fairness. Avoid any commentary or R talk with her. You and I both know our sitchs aren't going to end well for our WAWs. Let it play itself out.
This I plan to do, I plan on not talking to her about anything but d8, and I am making myself dark as possible in the home until this goes through.
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she still has a 50% stake in both the community assets and debt regardless of who bought what or ran up debt in either her name or yours.
This we will find out along the way during proceedings. She has 25k still from inheritance that she considers untouchable, we will see how the financial path works out. I have resolved that finances are secondary to my and d8's emotional security, and I know no matter what happens financially, I'll rebuild myself at some point in the future, as I always have when faced with financial hardships.
M: 41 STBXW: 41 D: 9 Bomb: 4/26/09
On board the D train now..
"Suffering is when we try to change what we cannot."