• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Divorce after 20 years

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

stepmom38

Member
What is the name of your state (only U.S. law)? New York:confused:
Hello all. I'm actually writing this for a friend. I know how you all feel about 3rd parties, and if necessary I will have my friend create his own account. I will stick to the details and leave as much emotion out as possible.

My friend has recently discovered that his wife has been cheating on him with her boss for at least the last five years. He has proof (a co-worker of hers walked in on them at the office while they were having sex). His wife and her boss have been confronted about it, and they continue to deny anything is going on. Her boss is married as well for over 30 years. His business is worth a lot of money and my friend is guessing that they're both still denying their affair because if they admit it, her boss' wife will divorce him and get half of everything he has (including his business).

My friend has stated to me that the only thing that's important to him is their children. They have four...a girl (20) who is married and lives with her husband. They also have three boys (15, 13 and 8). For the last few years, my friend's wife has been working until at least 8 or 9 o'clock at night. She spends every available moment she can at the office. She's never around for any of her children. My friend is a VERY hands on parent and has become both mom and dad to their boys. He takes them to all their appointments, sports practices, etc. He feeds them, cleans the house, and does all the shopping. He is 100% their primary caregiver. She doesn't do anything anymore except go to work at 9am and come home at 9pm. He has told me that their boys have said that they have come to hate their mom because she's never around for them and shows no interest in anything they do.

Unfortunately, she pays the bills and controls the money in their house. My friend has recently found out that she hasn't been paying the bills that are in his name only which has harmed his credit. He knows he can't stay with her, but he's afraid that with bad credit and no money he won't be able to provide for his boys. I told him that given the fact that he's established himself as the primary caregiver, if he were to divorce her, he would probably stand a good chance of getting custody of the boys. She makes substantially more money than he does. He has a full time job 5 minutes from home so he could be there for his kids if they need him. What are the chances that he will be able to obtain primary custody, child support and possibly alimony from his wife? He has no money, and is afraid that she will get custody of the kids simply because she's the mom. I told him that it doesn't really work that way anymore, and that the courts try to look at what's in the best interests of the child however he's still scared. My guess would be that he's also in a bit of shock.

Any advice would be greatly appreciated. If you have any further questions, please feel free to ask. I will do what I can to get him to register here himself.
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? New York:confused:
Hello all. I'm actually writing this for a friend. I know how you all feel about 3rd parties, and if necessary I will have my friend create his own account. I will stick to the details and leave as much emotion out as possible.

My friend has recently discovered that his wife has been cheating on him with her boss for at least the last five years. He has proof (a co-worker of hers walked in on them at the office while they were having sex). His wife and her boss have been confronted about it, and they continue to deny anything is going on. Her boss is married as well for over 30 years. His business is worth a lot of money and my friend is guessing that they're both still denying their affair because if they admit it, her boss' wife will divorce him and get half of everything he has (including his business).

My friend has stated to me that the only thing that's important to him is their children. They have four...a girl (20) who is married and lives with her husband. They also have three boys (15, 13 and 8). For the last few years, my friend's wife has been working until at least 8 or 9 o'clock at night. She spends every available moment she can at the office. She's never around for any of her children. My friend is a VERY hands on parent and has become both mom and dad to their boys. He takes them to all their appointments, sports practices, etc. He feeds them, cleans the house, and does all the shopping. He is 100% their primary caregiver. She doesn't do anything anymore except go to work at 9am and come home at 9pm. He has told me that their boys have said that they have come to hate their mom because she's never around for them and shows no interest in anything they do.

Unfortunately, she pays the bills and controls the money in their house. My friend has recently found out that she hasn't been paying the bills that are in his name only which has harmed his credit. He knows he can't stay with her, but he's afraid that with bad credit and no money he won't be able to provide for his boys. I told him that given the fact that he's established himself as the primary caregiver, if he were to divorce her, he would probably stand a good chance of getting custody of the boys. She makes substantially more money than he does. He has a full time job 5 minutes from home so he could be there for his kids if they need him. What are the chances that he will be able to obtain primary custody, child support and possibly alimony from his wife? He has no money, and is afraid that she will get custody of the kids simply because she's the mom. I told him that it doesn't really work that way anymore, and that the courts try to look at what's in the best interests of the child however he's still scared. My guess would be that he's also in a bit of shock.

Any advice would be greatly appreciated. If you have any further questions, please feel free to ask. I will do what I can to get him to register here himself.
What you told him is essentially correct. The court will assign primary custody to the parent where it would be best for the children. Given the facts as you've stated them, the father would have a very strong chance of getting custody.

If he gets custody, she is likely to be paying him child support which will help with the cost. Given that it's a 20 year marriage and that she makes considerably more than him, alimony is also a real possiblity.

He should find the best attorney he can find. If necessary, ask the attorney if he is willing to be paid out of marital assets.
 

LdiJ

Senior Member
What you told him is essentially correct. The court will assign primary custody to the parent where it would be best for the children. Given the facts as you've stated them, the father would have a very strong chance of getting custody.

If he gets custody, she is likely to be paying him child support which will help with the cost. Given that it's a 20 year marriage and that she makes considerably more than him, alimony is also a real possiblity.

He should find the best attorney he can find. If necessary, ask the attorney if he is willing to be paid out of marital assets.[/QUOTE]

Or borrow money from family, that he can later pay back out of marital assets...or borrow from his 401k, that he can later pay back...etc.

He also needs to be keeping his own wages separate, so that he can make sure that the bills in his name get paid.
 

Bali Hai

Senior Member
What you told him is essentially correct. The court will assign primary custody to the parent where it would be best for the children. Given the facts as you've stated them, the father would have a very strong chance of getting custody.

If he gets custody, she is likely to be paying him child support which will help with the cost. Given that it's a 20 year marriage and that she makes considerably more than him, alimony is also a real possiblity.

He should find the best attorney he can find. If necessary, ask the attorney if he is willing to be paid out of marital assets.[/QUOTE]

Or borrow money from family, that he can later pay back out of marital assets...or borrow from his 401k, that he can later pay back...etc.

He also needs to be keeping his own wages separate, so that he can make sure that the bills in his name get paid.
This all sounds very nice and that's the way the law SHOULD work, however, the reality is that hell will probably freeze over first before a woman loses custody of her kids and pays any alimony in a NY divorce case.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top