Tag Archives: 50/50 divorce

Responsible Separation Is Harder than it Sounds

My ex and I tried to have a low-conflict cooperative divorce. Only problem is, she got an attorney, I didn’t. As cooperative as we were, when it came time to draft the decree we left it up to her attorney to set up the fair separation of our financial and parenting duties. It wasn’t fair and balanced. It was “responsible” for sure, because we agreed not to sue each other, but I was given the SPO (standard possession order) and the child support payments, just like 80% of other men getting a divorce with children in the early 2010s.

What she was doing was going outside the marriage, and outside our therapeutic relationship with our counselor, and consulting a divorce attorney to see what she was going to get should she choose to take further action.

What my then wife did, by seeking counsel before she mentioned it to me, by consulting with an attorney to understand her options, was she loaded the deck in her favor. By the time the “idea” of divorce was broached to me, she already knew what she wanted, she knew how it would likely go down, and she was fine with the consequences of her actions. Regardless of how those actions affected my kids and me, she was prepared for her “best case scenario” and I sort of gave it to her.

Again, let’s step back and take a snapshot of the days before my then-wife let me know she’d consulted with a lawyer to understand her options.

  1. We were not happy.
  2. We were not having sex.
  3. The money coming in from my full-time job was adequate, but we’d really need to discuss both of us working to get ahead.
  4. We focused on the kids as a way to not focus on our relationship.
  5. We were both seeking support and comfort outside the marriage. (Not an affair on either side.)
  6. We were living like roommates.
  7. I was beginning to express my dissatisfaction with the status quo and asking for changes.

And while I was doing my best to be an adoring husband, the lack of intimacy was wearing on my soul and my physical joie d’vivre. We were in couple’s counseling, but it always seemed the focus was on something I’d done wrong, like not tell her about a speeding ticket I got over the summer.  We never got around to talking about the relationship, or the lack of intimacy. Always some crisis of faith, some test of my “trustworthiness” was on the line each week as we meet and attempted a joining of the hearts and minds.

There was no join to be had. The sessions were cold. She was very guarded and withdrawn. She used the word “cynical” to describe our therapy at that time. I’ve never considered it any other way, but perhaps she was using the therapy to let me down easy. Anyway, she didn’t come out and tell me, I had to grill it out of her.

“Are you telling me you’ve been to see an attorney?” I asked during our penultimate session.

“I was just gathering information.”

Actually what she was doing was going outside the marriage, and outside our therapeutic relationship with our counselor, and consulting a divorce attorney to see what she was going to get should she choose to take further action. I was stunned in the session. I was hurt. I was furious.

“How could you not bring that up in here BEFORE going to see a lawyer?”

I was lead to believe that the kids needed their mom more than me, that a mom’s love is somehow superior, or more comforting than a dad’s love.

I pounded her via email over the next few days asking her for a decision. I had been in the cuckold box long enough. This moment of truth was either a time for us to regroup and join together again, or for us to work out the details of our divorce. While I was fighting during those first few days, I believed I was fighting for my marriage. What I didn’t know at the time, is I was fighting against the divorce more than for anything. See, I wasn’t happy either.

Responsible separation in the case of Laura A. Munson meant fighting for her marriage. Fighting against her husband’s depression and mid-life crisis, and fighting FOR the relationship. She simply didn’t buy her husband’s claims of being bored in the marriage. “Nope,” she said. “That’s not good enough.”

I wish I had been stronger. I don’t know that the outcome would’ve been any different. We would probably still be divorced. But I wished I had been able to question her about her motives for breaking up our marriage. Was it greener grass she was seeking? Was she asexual because she was no longer attracted to me? Was there someone else in her life that gave her joy?

What her move did, by going to see an attorney before discussing it in therapy, or talking to me about it, was it put the divorce into action before we had a chance to really map it out. She’d already done her due diligence. She knew what to expect from the court system in Texas. And she knew, like any mom in Texas filing for divorce knew, the mom usually get’s the kids, the child support, and the house. BINGO.

It’s unfortunate that the Bingo, or win for my ex-wife, had to be such a simple open and shut case. In several forums I was told that my ideas of 50/50 parenting were simply not realistic. I was made to question whether I could provide the love and care for my kids half the time. I was lead to believe that the kids needed their mom more than me, that a mom’s love is somehow superior, or more comforting than a dad’s love.

I lost 70% of my kids life in that split second in the therapy session when she said she’d seen an attorney. She knew she’d get the custodial parent role and approximately 70% of the custody. She knew she’d get the house, nearly paid for. And she knew she’d get a healthy monthly stipend that would allow her to keep the house without too much stress. She also knew she had to get a full-time job to divorce me. So she did.

It’s odd how the entire year leading up to the big fail in therapy, she’d been “looking for a job” that suited her sense of self. We’d been down several career changes together. I was supportive even as the bills were threatening our house, because I wanted her to be happy. The last year before we got divorced her income was actually a negative number. She was demanding I get the full-time job again, and she was apparently unable to get a job herself. Until she wanted the divorce.

Responsible separation would be 50/50 parenting, just how we did it when we were together. Responsible separation would mean not attacking the dad for being a second-class parent so the courts would rule in favor of the 70/30 standard possession order that is common in most states.

She knew what she was going to get. She placed her bets and altered the course of all of our lives to meet some new agenda she had cooked up alone. Or, if she had counsel, it wasn’t from me, or our couple’s therapist. He was as shocked as I was that she had seen an attorney.

The business of divorce took place over the next few months. I gave in on most issues. I was too depressed to fight. At that point I wanted to end the fighting and pain and get on with whatever was next in my life. I’m still sorry she chose the course she did. And I’m sorry the state of Texas still rules in mom’s favor 80% of the time, rather than in the favor of the kids by granting 50/50 custody.

Always Love,

John McElhenney
@wholeparent

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The Kids are All Right: A Dad’s Divorce Reflections

WHOLE-2016-volley

There’s a hard truth I have to swallow. My kids have done okay without me. Not without/without me, but with only 1/3 of me. As the worst happened, divorce, I was really worried about my kids, even more than myself. Everything I did was to support them and even their mom during the transition.

I think most of my devastation was about me and my loneliness. I didn’t want to be alone. I wanted the house, wife, and kids back. But that’s not what happened.

Well, the transition, it turns out, was a lot easier for them. See, they stayed in their home and went along with life much like it would’ve been if I had gone on an extended business trip. They kept their rooms, their routines, and their mom. But they lost me. And I’m sort of mixed when I say, “So what.”

So, you’re getting a divorce. In my life it was the worst thing I could’ve imagined. And even as I valiantly fought for 50/50 parenting I was awarded something much less. Something called the Standard Possession Order. (SPO) And in this miraculously skewed document I was given every other weekend (on some odd 1-3-5 schedule) and a single night during the week off. It works out to about half as much time as my now ex-wife. I was devastated.

But I think most of my devastation was about me and my loneliness. I didn’t want to be alone. I wanted the house, wife, and kids back. But that’s not what happened. And I’m here to tell the truth about it: my kids are happy and well-adjusted teenagers. Even without my presence for a majority of the last 7 years, they are still stellar kids.

Now, a good chuck of that appreciation goes to the adversary in all this, my then wife who argued against 50/50 parenting. She has worked harder than she would’ve had we stayed together. She’s provided the lion’s share of first aid, doctor’s appointments, and school pickup and delivery. It’s not the way I wanted it, but it actually worked out okay for my kids.

What did I miss?

I’m mostly sad for the things I missed. The events I would’ve liked to have been part of in stead of only getting a phone photo of. The daily grind of being a parent was a privilege. Even if I was tired and distracted, nothing brought me back to life like my kid duties. I lost the routine of “being a dad” that had become my modus operandi. I lost over have of my dadness. And I missed a ton of activities, school projects, and events in my kids life. So what.

And really that’s the answer. So what. They are okay, and that was the big concern. The effect on them was pronounced, they had a lot less of the happy parent in their life and a lot more of the responsible one. Perhaps they will grow up to be responsible adults. And my ex does have a better handle on things like schedules and doctor’s appointments.

But the sadness I feel at the divorce today is more about the loss of their childhood, and the long years I suffered alone.

What I missed is gone. What I miss is the connection when they are away from me. And that was the rub then as it is now. Even as they are troublesome teenagers I miss every day they are not with me. Sure, I have other things to do. I have a fiancé, I have a band, I have my writing. But I’d rather have them. The sad part is, the kids I really long for are the one’s I was asked to walk out on.

Today my kids are much more like little adults. They need us parents, but it’s more for things like “rides to the mall” and “money for a movie.” The parenting roles have changed quite a bit. And in this parenting role I’m actually happy for the SPO. It’s not that I don’t want MORE time with my kids, it’s really that the time with them is very different.

We all lost in the divorce. My son is less like me than he could’ve been. Maybe that’s not all bad. But the sadness I feel at the divorce today is more about the loss of their childhood, and the long years I suffered alone. Their triumphant personalities are the reward of our low-conflict divorce. Sure, she’s done some contra-indicated things in our 7 years, but the proof is in the kids. They are fine. They did good without me. Different, but good.

Taking What You Got

Today I have more energy and joy for them when they are with me. I’m happier in my life than I was in the later years of my marriage. My kids are seeing me living my life to its fullest. And when they are part of my life, I get to rub off on them as much as I can. If joy is my MO then perhaps some of their joy is from me.

Always Love,

John McElhenney
@wholeparent

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Hold On! The Information You’ve Been Given About Divorce is Wrong

See if you can spot the lie:

  • The woman is the primary care giver.
  • The mom always gets primary custody.
  • Dads usually make the most money and spend more time at work, this situation is important for the continuity of the family after divorce.
  • The kids should be supported in a lifestyle they’ve grown accustomed to.
  • Women are usually the emotional ones in a relationship. They are the emotional center of the nuclear family unit before the divorce and should be given consideration as such after the divorce.
  • Dads are often distant, unengaged, and aloof in relationship to parenting.
  • Girls really need their mom’s more than their father.
  • Boys need their moms when they are young and their fathers later in life.

They are all wrong. Or at least misperceptions about how it is. Every case, every family, is different.

In my case, I’d go as a far as saying every one of these statements was actually the opposite of what our family was like. But as we headed towards negotiating our co-parenting relationship, I started being fed these outdated ideas as truth. Though they didn’t fit in our case, I was assured that the courts had done enough research and the experience to say “what’s best for the children.”

For your kids, divorce is the biggest trauma they’ve experienced in their young lives. The dad is often given the boot as the little group attempts to maintain some semblance of routine without him.

In our case, as in 90% of divorces in Texas, the split was divided along 1970’s traditional divorce wisdom. Moms are the primary caregivers, dads are the primary breadwinners, and keeping this balance is what protects the children from the harshness of divorce. That’s the party line.

The truth is, there is no protection from the harshness of divorce. However, not giving 50/50 consideration to the father in the family does everyone a disservice. Kids need both parents equally. If you can’t stay together for them, at least split up in the way that serves everyone’s need.

Can the father’s needs be tossed out at a court’s whim? Sure. It happens daily. But it’s not “in the best interest of the children.”

Divorce is hard business. And for your kids, divorce is the biggest trauma they’ve experienced in their lives. The dad is often given the boot as the little group attempts to maintain some semblance of routine without him. This is what you will be told is best for everyone. Well, everyone except the dad.

We’ve come to view the stereotypical male as detached and unfeeling. And that preconceived idea no longer holds water. Today the lopsided divorce, while all to common, is coming being challenged more frequently.

The situation: someone in the relationship has decided to break up the family, why shouldn’t it start with the assumption that the split is going to be a 50/50 on all counts?

If you are about to enter into divorce negotiations or a divorce war, please consider the needs of both parents in addition to the children. If, for some reason, it is determined the balance should be less than 50/50 make sure you understand the reason.

My dad was an aloof man. He was also the only breadwinner in the house. And my mom was, in fact, the emotional center in the house. That’s typical of that period in time. But the working mom revolution came along and changed everything. We’re more aspirational with our parenting, and in my case, we voted to split the details of parenting as closely down the middle as possible.

While I don’t blame my then-wife for “going for it” and asking for everything she wanted: the money, the house, the custody, I don’t think she was thinking beyond her interests. And we can all cite studies about mothering and nurturing, but today, just as many modern studies show the dad is of equal importance in bringing up healthy kids. The situation: someone in the relationship has decided to break up the family, why shouldn’t it start with the assumption that the split is going to be a 50/50 on all counts?

In my marriage, that’s how we agreed to have kids, as equal partners. What leads the woman to think she’s entitled to more? Why does more time with the kids also equate with more money to be paid by the father? It’s flawed math. Worse, it’s really flawed psychology.

As I was preparing to leave the house, she wanted to make sure I got a pet to be with me. She understood where her emotional bonds were.

I didn’t have the option to fight for 50/50 parenting once the divorce was in motion. By agreeing to a collaborative divorce, I was waving my right to sue my then-wife for terms. And while this also precluded her from suing me, somehow we started the negotiations with the old imbalanced split.

There’s no going back for us. The decisions that were made have run their course. My son is now 15, he was 9 when his mom asked for a divorce.  My daughter, who was 7 at the time, is the one I still feel the most pain about. She didn’t understand. As I was preparing to leave the house, she wanted to make sure I got a pet to be with me. She understood where her emotional bonds were.

I will never get back my kid’s youngest days. I will not be able to make up for the 65% lost time with them. What I can do is tell others about my experience. I can encourage, even moms, to consider the 50/50 route in compassion for the kids and also for the other member of the equation, the dad.

John McElhenney
@wholeparent

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