Wanted to add a little info on my plans for filing for D. My attorney has all the information on my sitch, and is ready to file as soon as I give the word. For now, I am holding off on purpose. First of all, with no D papers, there is no temp support order, meaning I don't have to give WW a dime, and other than a few dollars for gas this week, she won't be getting any more help from me. The other advantage is that I am logging daily the time she spends or more accurately, does not spend, with the kids. As previously mentioned, she rarely sees my special needs boys at all. The more time that passes with it being this way, the stronger my case to get full custody. My attorney said that the court is very likely to continue the status quo, especially if it has been going on for months.
Now, WW can certainly file herself if she chooses, but I know she doesn't have money to hire an attorney. She probably couldn't even come up with the $230 filing fee. So for now, I'm playing a waiting game. I know I can't drag it out forever, but with my current unemployed status, I'm happy to not be paying her support for at least a few more weeks. My biggest concern, as previously mentioned, is crossing the 20-year M mark and risking an order of perm spousal support. We hit 18 years at the end of May, and there is a mandatory 6-month waiting period after filing in this state, so I need to make sure I time it so I don't get too close to finalizing around May of 2017. In fact, I hate to say it, but I keep thinking that regardless of whether things start to turn around with WW, I need to go through with a D, just to avoid the possibility of that perm support. I would hate to reconcile, and then have it fall apart in a couple of years. I'll have to check with my attorney. Maybe we could do something like a post-nuptial agreement on that issue if we get to that point, so it wouldn't be a concern.
Me 47 W 42 T 24 yrs M 18 yrs W living with OM BD1: 3/7/2015 (A with OM#1) BD2: 4/11/2015 (A with OM#2, W moves out) WW filed for D, papers received 9/18/2015. Meeting to determine child custody 9/29/2015.