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Joined: Sep 2000
Posts: 10,060
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W Offline
Joined: Sep 2000
Posts: 10,060
My wife (WS) still denies the affair, but I have overwhelming evidence that it continues. She moved out two months ago (d-day was in July) claiming existing problems with our marriage was the cause. OM also moved out from his family, but they don't live together. She pursued legal separation papers (just in case) which included 50/50 custody of our 12 year old son and was very generous with splitting up our property (gave me 70% equity in our house). I've been Plan A-ing with no serious LB-s, and once in a while there's hints of its effectiveness. Yesterday, in a phone conversation, she again claimed we're "just friends," strongly insinuating that whatever it was between them, it was over, saying "things change." (She wouldn't give me a definitive yes or no.) I asked, "If it's over, will you go to counseling?" She sort of agreed, but said it's too soon - she needs more time to "heal" first. Then she asks if I've signed the separation papers yet - "that's the first step." Of course, she's zooming me. Why would the separation papers be relevant to counseling? My bet is that, although she won't admit the affair, she knows I have the goods on her to win full custody of our son based on infidelity and that's why she wants the papers signed - to lock in the 50/50 custody. The healing and counseling stuff was a decoy. Here's the tough question: I really don't want to get into a custody battle - she'll fight like a caged tiger - and I really don't want to put my son through that, but could the threat of her losing half custody be an effective calculated LB to lift the fog? Or is it too risky, so I sign the papers, avoid a custody battle, keep doing Plan A, and wait for a natural death (PTC) including Plan B if necessary? Don't worry, I'll run this by my attorney.<P>WAT

Joined: Nov 1999
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Hi Warthatry,<P>If it was me before signing anything discuss it with an attorny. You may get back together or you may not. Who knows but ask an lawyer first and formost that if signing this sepeartion agreement that means custody stays 50/50. Also did she leave your child with you when she left? Does this mean abandoment if it comes down to a custody battle. Ask every question you can think of and then some. Understand your rights before signing the paper. You may want to have some stuff changed in the separation papers such as a morality clause. No oposite sexs friends meeting till the divorce and the like. <P>Just something to think about. You can still work towards repairing the marriage and protect you and your child at the same time.

Joined: Jun 2000
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My gut says that you need to do what's in the best interest of your son. If you feel 50/50 is in his best interest, then why even fight the custody battle? Do you think that it's in your son's best interest for you to have sole custody? Then, maybe you should think about what to do.<P>I'm not trying to protect your wife here, but, really, think about your son and what's best for him.


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