Stay at Home Dad Divorce

I have been a stay at home dad for 4 and half year. I have been married for 8 and half years. I have three young children who I love and care for every day. My wife was the one who asked and pushed for me to take on this role as she is the main bread winner and makes very good money. I am glad I did because the love and attention my children get are like no other. Recently my wife dropped the bomb shell on me that she wants a divorce. I have not been working all this time until just 6 months ago when I picked up a part time job on the weekends to help out with the bills, but I make very little money compared to my wife. I also go to school part time to make a career for myself down the road when all the children are grown. I do everything a dad does around the home and also everything a mom would on a daily basis and love it with all my heart. While it is very busy and demanding I have no support of anyone else except finances from my wife. With the job she has, she leaves every week and is gone anywhere from 3-5 days consistantly and is anywhere in the country.  She may be home for a few days here and there and her schedule is constantly changing. There is no support, consistancy, or stability to her work schedule. Even when she is at home she has to work from home, have office hours, or be on phone calls. So I am still the main care taker even when she is home including all the daddy take care of the home role. I am the biggest part of these childrens lives and always want to be.  I live in the state of NY. I am in need of some support or advice as to what I can do legally in this situation. I have tried to make things work with her and nothing I say or do makes a difference. She is unwilling to work at it and only wants things her way. Any advice is much appreciated especially if you know the laws or know someone that has gone though this. I also need some really good legal advice from lawyers that have gone throgh this. I can't stand that she is doing this to our family and our children. I need to look out for them and protect them the best I can. Please help!


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2582 helpful answers

Turn off the television and teach your children how to think.

Ma Kettlesnots S.N.O.T.S., Inc.

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*I do not respond in the "Comments" section.*

H.A.G.S. Unite!

 

Contact your state's Bar Association and ask for a referral to an experienced Family Law attorney in your area. There is often a small fee for the service, but it should be fairly low (in my area, it's just $30).

Before you go to meet with the attorney, be sure to write down a list of all the questions you want to ask. (That way, you won't forget anything and need to make another appointment and have to pay another consult fee.) You should also try to get together a rough estimate of your incomes (yours and hers) and the average monthly expenses you have, as well as an idea of the amount of time you each spend with the children.

Since you have been the primary caregiver and your wife has been the primary breadwinner, it is likely that the Court would order her to pay you sposual and child support, especially if you are awarded primary residence (when they live with you, even if you and your spouse have 50-50 custody).

The attorney will be able to advise you as to your specific legal rights and responsibilities based on the laws in your state.

Good luck and get going.

Posted 2009-11-17T21:58:13Z
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214 helpful answers

Cool Equal justice for All

The law works but the system needs changed, We all abide by the law but sometime it failes us. The same with the goverment. God bless the USA, Brign our troops HOME safely, To the men who did not get the credit they deserve, MAY GOD WATCH OVER OUR SERVICE MEN.

The fact your wife is set on a divorce and with her being gone from home most of the time tells me that you have lost her and you say when shes on the phone most of the time when she is If in reading between the lines of what you did not say i think she has now found someone else to replace you. But then you say you have three young children at home that you take care of if i were you i would chalk it up as a loss. Contact your attorney to see that he looks out four your rights and what is best for your children, But in my openion your best bet is get out and dont try to make ammends with her as you have lost her as much as i hate to say it. And being that she wont try to work anything out should tell you something i think she has found some one else my advice is move on with your life and your childrens as it will not get any better than it is now. i dont like to say  divorce but it may be your only move. The problem is the unknown person is but if you can prove this fact it will help you out with your divorce so try to find out.

Posted 2009-11-20T22:18:57Z
lawbug was invited by Yedda to answer this question.

 
2582 helpful answers

Turn off the television and teach your children how to think.

Ma Kettlesnots S.N.O.T.S., Inc.

_______________________________________________

*I do not respond in the "Comments" section.*

H.A.G.S. Unite!

 

Lawbug, most states now have what is called 'no-fault' divorce. This means that the cause of the broken marriage is simply "irreconcilable differences," which further means that the Court does not care who did what, with whom.

Whether his wife has another man or not is irrelevant unless she intends to petition for sole custody and move her boyfriend in with herself and the children. Even then, it would only be relevant as far as custody and visitation, not grounds for the divorce.

Posted 2009-11-20T22:24:36Z
 
egg
2 helpful answers

I really feel for you and your situation. As bad as it sounds, divorce may be your only option. If the feelings are not the same as far as the wife, then what is left to work on? Your children should come first! I agree you should see an attorney, write your questions down and stick to your guns. Child support and sposual support is a fact of life. The children should not have to change everything about their lives because she is "done". As I have sadly found out, take everything you can, you can give back later if you wish, but can not get it later. Custody should be a no brainer! You can not parent if your not present. That is taken into consideration. Good luck. So sorry for the heartache and family break up.

Posted 2009-12-11T06:15:52Z
egg was invited by Yedda to answer this question.

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