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Legal, pensions and money

My son's wife says she wants a divorce

(35 Posts)
vampirequeen Tue 22-May-12 08:08:48

Definately seek legal advice. When I left my husband I got 30 mins free advice from a solicitor. I expect most still offer it....it's a sort of taster in the hope you'll give them the divorce business. He can get a lot of information in that half hour.

He mustn't leave the family home until he's taken advice. He has rights even though she's earned the bulk of the cash income. He has supported her with childcare etc.

crimson Mon 21-May-12 22:39:07

Can only echo what Ariadne has just said. I would assume he is entitled to free legal aid at first [I was when my marriage broke up]. You and your son will have the best support going from people on here so you're not in this alone.

Ariadne Mon 21-May-12 22:07:25

Speki I can't help, but ((hug))

dorsetpennt Mon 21-May-12 21:41:55

I think the other Gransnetters given the best advice and it's one that has also been given to women in the same predicament namely: do not leave the matrimonial home otherwise it could be used as your son deserting the children, get legal advice immediatly, with their help try to have a mediation set up to help both parties. I would think that the very least he would expect is the same as a woman would get, custody or shared custody and alimony as she is the so-called major breadwinner. I do wish you all the best of luck, it is going to be difficult for you as you want the best for the children.

specki4eyes Mon 21-May-12 21:07:43

Thank you Grans and bless you. I have no knowledge of current divorce laws. Just going to email him with all this news - he is quite broken and unable to think straight. Any more advice gratefully received. xx

whenim64 Mon 21-May-12 20:51:57

He is likely to to have a strong case for custody, but courts will encourage the continuation of shared parenting. She is likely to have to move out of the home and will be in a position to insist on its sale when the youngest reaches 18 - it works both ways, and if he can demonstrate he has been the main carer and she has wanted to pursue her career whilst he looks after the children, the court would be looking at this being continued for consistency for the children.

Jacey Mon 21-May-12 20:42:46

He needs legal advice ...but would agree about not moving out of the marital home ...and would add that he needs to start logging all the time he gives to run/maintain the home and the 'child-minding' time that he gives ...this is all evidence to counteract her claims of 'no support' ...also log all the times she is out of the house/away from the children.

Best wishes in a difficult situation.

nanaej Mon 21-May-12 20:34:58

If equality exists then he would be in the same position as a woman who earned less than her husband but who had contributed to the family life /marriage by caring /supporting and enabling.
Do not move out under any circumstances is always what I have understood. Go to a mediation lawyer for a free initial consultation as soon as possible..

nelliedeane Mon 21-May-12 20:29:43

In my experience a solicitor practicing family law would be the best solution to getting the rights of the children organised and then access,parental responsibility,and residency..the childrens needs are paramount..

specki4eyes Mon 21-May-12 20:24:01

I suspect there are some 'legal eagle' Grannies out there who might give me some clue as to where my son stands. Brief resume: He and his wife have been married 9 years, have two children 7 and 4. She earns the most money and works full time; he is a self employed painter/decorator which enables him to be the primary carer for the children, but this therefore restricts his earning power. Their lifestyle depends very much on her earnings. She has now fallen out of love with him and wants him to move out of the matrimonial home but to continue taking most of the responsibility for the children. He is devastated and can't bear the thought of losing his children. His children adore him.
She is going out clubbing and partying with girlfriends most weekends, he babysits. She says he does not support her - this is not the case. Quite the reverse - he does most things from cooking and tidying to gardening and childcare. Her parents are regularly called upon to childmind during school holidays.
Where does he stand legally?