Tag Archives: non-custodial dad

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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image: couple, creative commons usage