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Re: In love with someone else, no kids - Legal Options?

lol...I definitely don't have any advice for you.

I do, however, wish both of your former partners new relationships with much better people and I wish the poor children involved in this good luck in getting through what's going to be a very difficult transition based on their idiot fathers cheating.

I think you're about to get exactly what you deserve.

p.s. Prince Charming isn't a married dude who screws around on his wife and kids. Just sayin'

p.p.s. Chances of you two getting custody of the kids is extremely slim. I hope he's prepared to lose his kids for you.

Re: In love with someone else, no kids - Legal Options?

Guilty: If he files for divorce early in 2015, this is a sign he may want to continue long term with you, but I would be really cautious about getting involved with him unless you have known him already for a long time and take it slowly until both of you are divorced (friends first) Ask yourself if you are comfortable with someone who has responsibilities to his children be prepared for them to not be very friendly toward you in the beginning because their family life will be broken and changed (unless you already have an established relationship with them or they are older). Ask yourself if he is leaving his wife for you, will he someday leave you for someone else? I can understand why he is not wanting to stay with his wife. Still I would proceed very slowly. Many people wait until after the holidays to file for a divorce. Since it seems like you have made up your mind that you want one, a Lawyer would tell you to get your own credit cards and your own bank account (cancel anything jointly held like a line of credit and a dept. store credit card). You would benefit from a consultation with a Lawyer and ask him or her about the car. You can have your Lawyer do most of the talking to your husband. It doesn't matter whether or not your husband will or "won't give you a divorce" because if one person doesn't want the marriage anymore and files for divorce, the divorce happens. My Lawyer told me it would take a year for the divorce to happen and that is exactly how long it took. I wished it would have happened sooner, but he and his Lawyer dragged it out even though he filed. Also, check the divorce laws on this web site for your State. If I were in your situation, I would just tell the Lawyer I did not wish to be married to the person anymore, but really think it through first.

Re: In love with someone else, no kids - Legal Options?

Nearly all states have no-fault divorce of one sort or another. The standard verbiage to use is "mutual incompatibility." You file in a court, negotiate, agree, a judge signs off on it, then a waiting period to finalize. Only a few states might have a 1 year wait. In Texas, it's 90 days to finalization. But your lover will probably get, at most, 50-50 custody if his stbx has anything to say about it.
I agree, there is a good chance your boyfriend will get cold feet and won't divorce.

Re: In love with someone else, no kids - Legal Options?

Blue: In MA they call it "irretrievable breakdown of the marriage". The waiting period is a few months for finalization, but, what I meant was the Lawyer told me the time period from when someone files to when it goes to court for the "final" review by the Judge is about a year (takes time to get a court date in some States with a high population/courts are busy). Best wishes to all during this difficult time around the holidays.

Re: In love with someone else, no kids - Legal Options?

Every state is different. You should consult with an attorney in your own state. The local state bar may be able to refer you to someone. Also think long and hard before pursuing a divorce. Make sure you really love this other guy before doing so. The grass isn't always greener on the other side. You may already have something great with your current spouse. You may just have forgotten. But only you know if this is true.