Wednesday, April 18, 2007

Common Law - My ARSE!!!!

I am so stinkin’ mad! I just got a reply from Mike’s attorney. What a bunch of C-R-A-P! He agrees to our assumed “common law marriage,” agrees to remain to have shared custody of Noah, no alimony to either party (DUH!)…. Oh, and my all time favorite: that I’m not entitled to my down payment money of $30K, YEAH whatever! It was money given to me from my former step-father so that I could have a large enough down payment on my house to avoid mortgage insurance and a really high mortgage payment. And might I add that the money actually did come from MY account! How in the world can that be HIS money???? Huh? Anyone got an answer???? My money is my money. His is his. Let’s see, that he has been “forced” to pay the mortgage, etc since I moved out. Well, HELLO!!!! If you don’t live somewhere anymore, why would you pay the bills?? Makes sense to me… And actually for a year after I moved out, I did pay some of the bills. I felt obligated until I came to my senses. And that I have come and gone on numerous occasions while I was residing there. WHATEVER! I left once and came back against better judgment and when I left the last time it was for good! So take that to the bank and deposit it! I’m so mad I could spit nails (one of my Nanny’s sayings)! Not only does he think that he gets the house and all the down payment money and all the equity built up (which I have to add would be a lot less if it weren’t for my down payment) but he also thinks he’s getting everything in it too. I did leave everything except for my clothes and whatnots…. Almost everything in that house was handed down by my mom. I would think that it would only be fair for me to keep it all but you know what? I don’t want it. I’d just assume start all over again. Anyways, I still have some personal belongings there that I need to pack up and move out. Especially the pictures painted by my late Grandfather. NO ONE will take those from me. Some things are worth much more than money. Let’s see….. So, this is what it boils down to: (a) that he be awarded a Decree of Absolute Divorce (now ain’t that some crap, I was never married nor did he ask me and here I am getting a fricken divorce), (b) that the care and custody of the minor child be awarded to the parties jointly, w/o requirement of payment of child support from either party to the other, (c) that the parties be required to alternate yearly tax exemption for the minor child, (d) that the defendant be awarded sole, use, occupancy and title to the former marital residence (Over my dead body!), (e) alimony be denied to both parties (never believed in alimony anyways), (f) discovery order (no even sure what that is anyways), (g) blah, blah, blah…….. While it may seem fair to one, it doesn’t seem fair to the other. The main concern is and will always be our son. And the next would be the house. I think he just wants me to suffer for a decision that was in my best interest. Why would I stay with someone that I didn’t love anymore? Really!!!! And I don’t believe in the whole “stay together for the kids” idea. So, with all that being said – that reply can kiss it where the Good Lord split me. Pardon my vulgarity! My lawyer said they are currently writing up another reply to his. People told me that I needed a good “woman’s” lawyer. By golly, I sure hope I got one. Maybe I did him wrong but that doesn’t give him the right to take anything and everything from me. It just makes me so furious! I can’t help that I fell out of love with him. Sure it hurt him but I wasn’t going to spend another day being unhappy. He can hate me for the rest of his life and it doesn’t make one bit of difference to me just as long as we take care of our child. A house without love is just that – a house. I want a home. And I didn’t have that with him.

The good ole state of SC and its crooked laws. Common law marriage is nothing but a big fat joke. It really is. Without having said the sacred and holy vows of matrimony, there IS NO marriage. None. Especially when no one was asked the question. I never intended on marrying anyone. It was never in my plans. Until later……

And if he wants to play crooked, I will involve the IRS. Enough said. (And this was typed while I had a nice big smile on my face.)

Okay, I have vented enough for right now so I reckon I will go and try to cool myself down. I will keep y’all updated on the matter as more information comes to.


I know, I know - PRAY about it! Whatever God's will is, I hope it is done. (Just make sure you pray about it too for me!)


Oh, one more thing I left out..... Here's a certain restriction that he's asking for: that neither party shall take part in any overnight paramours when the child is physically present... Okay, peeps, I didn't know what a paramour was so I looked it up. It's pretty much a intimate sleepover, a guy/girl slumber party, if you will. I can honestly say that I have never taken part in an overnight paramour while I had my son. Heck, I didn't when I didn't have my son. Well, there was those two times that Bernie and I got back really late from traveling. I slept in his bed and he slept on the couch, go ahead, just ask his parents if you don't beleive me. And then he slept at my house once. Wow! In our year and two months together...... two nights. But that was okay because it wasn't something that he believed in. So it was fine.

Okay, now I'm done.

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5 Comments:

Blogger Paige said...

Just a quick note... if you are "married" and you get a "divorce" you have to sell the house or buy the other out. He can not stay there and not give you a dime! I have seen this go down plenty of times and you are entitled to your half! It's the law! I think he is trying to freak you out, don't worry!

1:38 PM, April 18, 2007  
Anonymous Abby said...

I am with Paige. With the work I do, I see this everyday. He cannot just take the house from you, you both own it. Either way you will get something out of it.Keep your head up girl, he is trying to scare you.

2:18 PM, April 18, 2007  
Blogger Sandy said...

You know, now that I think about it - when Mike's aunt got a divorce, she had to repay HIS parents for 1/2 their down payment money from when they bought a house. And only because she kept the house. I can't beleive I just remembered that! Maybe I should mention that to him.... NOT! I don't want to be the bad guy. ;-) Thanks ladies!

3:07 PM, April 18, 2007  
Blogger Lyndy said...

Oh Sandy I can understand why you would be so upset. Please know that I am praying or you and this situation. Sounds like he is just trying to play hard ball but I am sure your attorney will set him straight.

Hang in there.

6:17 PM, April 18, 2007  
Blogger Larissa said...

Thanks for your thoughts Sandy! I love hearing from others. I am sorry about all that you're having to deal with right now. Divorce, even common law, isn't fair. There isn't one thing about it that's fair. And I know just how frustrating that can be! Praying for you!

3:26 PM, April 19, 2007  

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