ForeverDad
Retired Staff
Offline
Gender: 
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: separated 2005 then divorced
Posts: 18680
You can't reason with the Voice of Unreason...
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« Reply #3 on: November 11, 2016, 11:41:11 AM » |
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Many members here who suffered through a divorce had been told to divorce, however, it can turn out to be a Control tactic, expecting you to capitulate, comply and appease in order to keep the marriage stumbling along. I recall my then-spouse exclaiming, ":)ivorce me or I will divorce you!" I kept hiding her rants and rages, things didn't get batter. And you, the biggest leverage she had was over custody and parenting.
Mothers often get default preference in courts. After all, it is the socially acceptable expectation, mother gets kids (Tender Years doctrine said mothers are best to parent) and father goes elsewhere to start another family (while sending back years of child support).
When you have a PD parent, then it gets worse, you don't just face the typical default preferences in court, you also face a parent who has literally no compunction against lying, making false allegations, posturing as a targeted or abused spouse, etc. Part of the psychology is that they can't shoulder any blame, they have to Blame Shift and it is so easy for them to posture that you're worse then they are. The consequences are limited, based on the whistle blower concepts that the reporters of problems are presumed to have no ulterior motives and avoid consequences if the reports are determined to be "unsubstantiated".
Understand that lawyers will probably quote likely outcomes in negotiations during mediation and settlement talks as well as court. However, an experienced, proactive, Problem Solver lawyer will ponder whether there are strategies and solutions to get a better outcome. No promises, of course, but "nothing ventured, nothing gained".
During consultations have you asked the lawyers, "If you were facing a divorce from a high conflict spouse such as mine, who would you hire to protect your interests and develop promising strategies?" If you hear the same names from multiple queries, then move those to the top of your selection list. We can't afford to choose someone who is only a forms filer and hand holder rather than a proactive lawyer who can excel with solid strategies and at hearings and trials.
I recall my first lawyer, a former ADA, told me, "I and relatively new in family law, I haven't done much in your county. But I did have a case in your county where the other lawyer I faced was reasonable and helped our respective clients reach a settlement." So I changed attorneys to a recommended one when I filed for divorce. You too may decide that a change is appropriate whether or not you've already paid a retainer but find the lawyer isn't the right fit for you and your needs.
It turned out that my new lawyer was not truly aggressive. I really feel he could have pressed harder to improve my temp orders - especially due to all her court continuances and unsubstantiated allegations that kept delaying the case - I was EOW father for over 2 years until she settled on Trial Morning for us to have equal Shared Parenting as subtly recommended by the Custody Evaluator's report. (However, I help firm to being residential parent. I felt justified to say, "I will be RP or else let's start the trial." She caved.) Problems continued and 3 years later I got sole custody but was denied majority time. Problems continued and another 3 years later I got majority time but only during the school year.
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