End is in sight!
January15
And it is DONE…
In so many ways things are done around here, and I am glad.
There is so much RELIEF to having things settled and worked out. There is a certain SATISFACTION to having an idea of what will happen in the future, even though it isn’t SET in stone (as the future never is) and there is still some uncertainty and grinding concerns… but there is a plan of action…
A settlement.
I spent the ENTIRE day in a large-ish board room, trapped with STBX, my lawyer and HIS lawyer, discussing the 4 parts of our settlement. I thought we’d go in, he’d balk right away, and we’d be out of there (and I’d be back at work) by 1pm.
Nope.
Our lawyers forced us to sit and talk it all out. Which is likely good (the NEXT step, dear Gods, was that if we didn’t agree on one or more area was to proceed to the court process… pretrial hearing with a judge then a trial, at hugely expensive costs and frustratingly long waiting times between anything AND more and more and more legal fees!!!) but frustrating in that I really didn’t want to hang out in a lawyer’s office ALL DAY.
But… agreements were reached in all four areas we needed to agree on. Yay!
Agreements!
1. Parenting Agreement: This was a serious no-brainer for both of us. We agreed that the time with the children would be divided 50% by both parents, and that at this time the arrangement was a 2 week rotation (but that it wasn’t necessarily forced into STAYING this way, because things might work out better a different way). All holidays (Christmas, Thanksgiving, February Break, Easter Break and Summer School Break) will be divided equally. Both parents agree to review and sign necessary documentation for passports for the children, and to not unnecessarily deny ability to travel for the children. Joint custody (in that all major decisions — religion, schooling, medical care, environment, social activities) will be maintained.
2. Property Agreement :
- House will be sold (its been on the market for 8 months) and all the debts will be paid out, if possible. Any debts not paid out will be divided equally between parties, and left over proceeds will be divided equally. If the house does not sell by July 15 there will be provisions, as if it isn’t sold by Aug 30 we will be forced to walk away and proceed with foreclosure procedures and all the horrible debt, bankruptcy, and other personal nightmares will begin (so everyone think house selling thoughts)…
- When the house sells the remaining furniture that is owed to me will be transferred over to me… that would be the leather sofa and love seat, games/coffee table, end table, lamp, 2nd child’s bed (with mattress), and dresser for BoyChild’s set.
- 1/2 of the units of STBX’s RRSP will be transferred to my name via a tax-free roll over.
- 1/2 the units of STBX’s Pension Fund will be transferred to my name via tax-free roll over
- I get access to the photo albums to scan
- We agree that STBX will get the washer/dryer from the home at the point of sale (since he bought the new washer and the dryer is only worth $200)
- He keeps his company shares in his name
3. Child support: Will be re-assessed for our 2009 incomes (he recieved a YEAR severance AND a bonus, so he will have made MORE for 2009 than in 2008, I have an expected income for 2009 which is a bit higher than my expected for 2008) and I will be informed by his counsel what amounts we are both responsible for (we have an offset — basically we take my amount out of his amount and he pays me the remainder, half on the 1st, the other half on the 15th) and also how much he will pay me for the daycare for the kids. We also agreed that the amount of overage on our liquid assets (I had $900 more on my balance than he did) and a cash payment to me dissolved the retroactive child support outstanding. We will reassess the amounts June of every year starting 2010 OR if a significant change occurs.
4. Spousal support: STBX will continue to pay on my car and student loans as spousal support until the house sells… if the house doesn’t sell we’ll be in such a financial mess that I don’t know what will happen. That will be 2 years at $780/mth for spousal… which is enough.
So it is pretty much done. They will write up the orders AND the paperwork for the dissolution of marriage (divorce) paperwork…
It seems WRONG to be so happy about it but…
I might be divorced in 2 months!! Hooray! I will get a certificate and EVERYTHING.
Which means:
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I will be able to apply to restore my maiden name
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I will no longer be tied to STBX (and he will then be just “theX”)
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I don’t have enforcable parenting and child support orders on the books
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he cannot hold me responsible for any MORE of his spending
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I will be able to go on with my life, not tied to him by his God and his father
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no more guilt for dating while I am technically still married
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once the house sells I will not be financially responsible for him
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someday I might be able to afford a small house for the kids and i (and the kittens)
It also means that Stalker would have nothing to try and BLACKMAIL me with…
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Hello. This is my first visit to your blog. I found it randomly. My sister is going through pretty much the same thing only her SBTX and stalker are the same person. Your story give me hope that things will work out. Good Luck