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Bad Divorce - Concerned Son

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Ovid

Junior Member
What is the name of your state (only U.S. law)? Florida

Oh boy were should I start.

First things first, I’m not the one in the marriage. I’m trying to get some advice for my mother. My parents have been married for over 25 years, and have been separated (I don’t believe they are LEGALLY separated, I assume that requires papers to be filed) since 2005.

I’m currently 19; I started noticing the issues when I was roughly 12. I know far, far more than I would like to or should know about this entire issue. But I’ll be blunt and try to pick an accurate picture of the issue.

First a little background. The initial issues seem to boil down to drugs, alcohol, and sexual deviance. My father tends to gravitate to hard liquor, cocaine, and marijuana. While my mother was addicted to cocaine for a short period of time before and just after they separated. My father asked my mother to get into swinging roughly a year before the separation and in an attempt to salvage a dying marriage (He had already cheated several times) she agreed to it. Ironically, it was my father’s own jealousy, mixed with the drug abuse and alcohol that finally killed the marriage.

In 2005, just after my freshman year on high school my mother, my little brother, and I packed up and moved to our home in Florida for a trial separation. Everything was fine on our end for the first few months, and then my father came down to try and patch things up. This was the start of roughly three months of near constant arguing and fighting, again fuelled by a high amount of alcohol and drugs. During this time, a high amount of emotional abuse took place from my father directed at my mother, and myself, and I’m sure a good amount of emotional trauma inflicted on my younger brother. Roughly three months after he moved back in there was a rather large fight, and the police were called after he threw something at my mother. He was arrested and spent a few nights in jail, but no further action was taken because my mother refused to press charges. He moved back to Maryland following this incident, and despite my urging to follow up with a divorce, or at the very least file for a real separation, my mother just let it go.

Fast forward a year or so, we fly up to Maryland for Christmas and after a lot of arguing and fighting my father printed out dozens of pornographic images involving my mother (Mostly solo, with a few involving family friend), I already knew about them but he plastered them all over her car just before we were due to have family over (including minors) and my mother had to have my grandfather (My father’s father, he knows everything and has been very supportive of us) help her get rid of everything. This marked the last time my father and mother have been in close contact.

In 2009 we all went up for my great-grandmothers 100th birthday, and as a favor to my mom I was going to stay at one of our Maryland homes, the one my father was also living in. As I expected my father got drunk, I went up to bed and shortly afterwards my father came up to talk, and became increasingly belligerent as the conversation went on, finally resulting in me losing my temper and telling him to get out of my room so I could go to sleep. It got physical, mostly grappling (I’m considerably taller, and much stronger so I actually felt threatened). I left the next day and spent the remainder of the trip at my grandparents.

That’s the backstory, now the current situation. My mother, little brother and I are all back in Florida, and are largely broke. I’m trying to go to school, but it looks as if my college account has been drained, the house we live in is in foreclosure, he has paying the credit card bills, and in turn is not providing any support. We can’t afford groceries, the roof is literally falling in (Rain has been leaking through the ceiling for about two years now), the ceiling in the living room has actually collapsed in certain areas, the ceiling in the dining room is close to collapsing, the plumbing in the house is shot, and out pool in black, we have to borrow money to pay the electric, water, and utilities bills.

I think I have finally talked my mother into getting the divorce, but that opens up an entirely new problem. We have no money, my mother hasn’t worked since before she was married and has been unable to find a job that fits he schedule (She needs to be able to take my brother to and from school). None of our family friends are able to help with an attorney retainer, and as he controls all the money we have no way to afford an attorney, much less one of the caliber that he is likely to have.

He claims to be broke now (That happens when you don’t work for five years…), and I don’t think there is much in the way of cash (unless he has it hidden), but there is a LOT of money tied up in assets. Three houses (Valued at roughly 1.5 million, 500 thousand, and 800 thousand (the last one is in foreclosure, and is the one that’s falling apart and we live in)), two cars, two ATV’s, two boats, and two choppers (Motorcycle). All of this is compounded by IRS issues, dating back ten years or so.

What exactly are our options, I feel like getting it in front of a court would be best, but again we have no money.

Thanks for any help you are able to provide.
 
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mistoffolees

Senior Member
If your mother gets a divorce, all the standard stuff applies. She will get 1/2 of marital assets. She MAY be entitled to alimony. She will be able to get an order for child support for the younger child.

She will NOT get child support for you.

You and Mom should be looking at getting jobs. Lots of people work while in school (I worked nearly full time and didn't cost my parents a penny). Mom needs to become self-sufficient. Your brother can take a bus to school.

Your mother really needs an attorney. With the amount of assets you're talking about, there's too much at stake to risk doing it without an attorney (unless all the property is underwater - which is certainly a possibility). Some attorneys might give her a payment plan or she can ask the court to order Dad to pay the attorney.
 

Ovid

Junior Member
If your mother gets a divorce, all the standard stuff applies. She will get 1/2 of marital assets. She MAY be entitled to alimony. She will be able to get an order for child support for the younger child.

She will NOT get child support for you.

You and Mom should be looking at getting jobs. Lots of people work while in school (I worked nearly full time and didn't cost my parents a penny).
I'm supporting myself, I'm self employed doing graphic and web design, so I don't expect child support, most of my income is tied up in keeping the electric on and buying food.

Mom needs to become self-sufficient. Your brother can take a bus to school.
The bus is not really an option, there are no buses that service my area (Singer Island, Florida), but my Mother is actively searching for jobs.

Your mother really needs an attorney. With the amount of assets you're talking about, there's too much at stake to risk doing it without an attorney (unless all the property is underwater - which is certainly a possibility). Some attorneys might give her a payment plan or she can ask the court to order Dad to pay the attorney.
Are you familiar with the process of getting the court to order him to pay the fees? I know it can be done, but I'm not terribly familiar with the process.

Thanks a lot for the help!
 

stealth2

Under the Radar Member
Dude - this is your mother's situation to deal with. Guide her here or to a lawyer, and step back. This is not your place.
 

Ovid

Junior Member
Dude - this is your mother's situation to deal with. Guide her here or to a lawyer, and step back. This is not your place.
Much easier said than done, my little brother is directly caught up in this. I'm not just going to abandon them.
 

stealth2

Under the Radar Member
You don't have to abandon them to leave the situation to your mother to deal with. She's a grown woman and should step up for herself.

I can tell you that if my nearly 19yo son thought it was his place to "help" me divorce his father? I'd take him down a few pegs.
 

Ovid

Junior Member
You don't have to abandon them to leave the situation to your mother to deal with. She's a grown woman and should step up for herself.

I can tell you that if my nearly 19yo son thought it was his place to "help" me divorce his father? I'd take him down a few pegs.
We have spoken at length on the issue, I never assumed it was my place to help her get the divorce, she has asked for my opinion and advice. I have given her all the advice I can, I was simply hoping for a fresh perspective.


What you don't understand is that you have no standing to do anything at all.
I understand perfectly well what my standing is, I know I have absolutely zero power, again I was simply looking for a fresh perspective and perhaps a bit of advice that I could pass on.
 

mistoffolees

Senior Member
We have spoken at length on the issue, I never assumed it was my place to help her get the divorce, she has asked for my opinion and advice. I have given her all the advice I can, I was simply hoping for a fresh perspective.
Then give her the general advice above and suggest that she sign up here if she has specific questions.
 

nextwife

Senior Member
The bus is not really an option, there are no buses that service my area (Singer Island, Florida), but my Mother is actively searching for jobs.

What about a bike? I'm 55 and I commute by bike, year round, in Wisconsin, to work. Surely Singer Island Florida doesn't have snow or sub zero weather to bike in. And I bike in the 80s and 90s as well. If I can do it, why can't a healthy teen?

And if Dad has been showing all these signs of having problems, and has for years, Mom should have pursued getting a job years ago. An alchoholic or drug user is "at risk" a number of ways and Mom could have expected to be a widow or see dad injured in an accident at any time. Expecting to continue to rely on his income and continued health long term was Ostrich planning. Mom needs to start assuming way more responsibility for her own financial well being and that of her minor child's.

And if your job is insufficient for more than an electric bill and some food, you need a full time income somewhere.
 
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LdiJ

Senior Member
What about a bike? I'm 55 and I commute by bike, year round, in Wisconsin, to work. Surely Singer Island Florida doesn't have snow or sub zero weather to bike in. And I bike in the 80s and 90s as well. If I can do it, why can't a healthy teen?

And if Dad has been showing all these signs of having problems, and has for years, Mom should have pursued getting a job years ago. An alchoholic or drug user is "at risk" a number of ways and Mom could have expected to be a widow or see dad injured in an accident at any time. Expecting to continue to rely on his income and continued health long term was Ostrich planning. Mom needs to start assuming way more responsibility for her own financial well being and that of her minor child's.

And if your job is insufficient for more than an electric bill and some food, you need a full time income somewhere.
I don't think that he ever said how old his brother was. If the brother is a teen, a bike could be a viable option. However his brother could be significantly younger than that.
 

nextwife

Senior Member
I don't think that he ever said how old his brother was. If the brother is a teen, a bike could be a viable option. However his brother could be significantly younger than that.
Like maybe only 10 or so? The age my kiddo started biking to school?

If Mom's not working, she could accompany her kiddo on a bike (good for blood pressure, and the environment), as I sometimes did.
 
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LdiJ

Senior Member
Like maybe only 10 or so? The age my kiddo started biking to school?

If Mom's not working, she could accompany her kiddo on a bike (good for blood pressure, and the environment), as I sometimes did.
I don't disagree at all. However it appears that the need for the child to get himself back and forth to school is so that mom can work full time.

In other words, the OP is stating that his mother cannot work full time because she has to take his brother back and forth to school. I am familiar with a lot of areas in FL that are not very bike friendly. I am not sure that I would be comfortable with a young child riding a bike if there are no good bike routes.

Also, schools have to permit children to ride their bikes to school, which is going to depend on the area. Our school system does not allow children to walk OR ride bikes to school because we have no consistant sidewalks or safe bike routes.

Other school systems in our metropolitan area do allow it, because they do have consistant sidewalks and decent bike routes.
 

mistoffolees

Senior Member
Like maybe only 10 or so? The age my kiddo started biking to school?

If Mom's not working, she could accompany her kiddo on a bike (good for blood pressure, and the environment), as I sometimes did.
Whether biking is the solution or not, there are other options. Mom could get a job, take the kid to work with her, and have the bus pick him up there. Or drop him off at a friend's house to ride the bus. Or move to a more convenient location.

Bottom line is that Mom doesn't have the luxury of not working. The 'worthless bum' that she married and who has enabled her to go for years without supporting herself will not be taking care of her in the future.
 

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