Going through Divorce my scenario.

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Going through Divorce my scenario.

Postby aussiebloke11 » Sun Aug 05, 2012 7:26 pm

My STBX wife and I have been married 12 years with 4 kids (10, 8,7,3). I am an australian citizen and she is American. Long story short 6 months ago I found emails that my wife was having a internet relationships with upto 30 guys and there was some very explicit sexting going and skyping and phone talking going on. I confronted my wife about it and of course she denies everything even though it has her name and her Skype account name and phone (cell and work) number and her pictures she gave to the guys she was seeing on the internet. These relationships still are going to this day, and my wife filed for divorce last week. She has asked for a settlement agreement and on the agreement she wanted the house, the 4 kids sole physical custody, the 2 cars, the camper and all the household stuff, 1200 in child support a month, she wanted me to pay half of all the debts we had and here is the kicker she wanted me to move back to Australia. After speaking with my lawyer and showing the lawyer all the emails and IM conversations and phone bill and pictures. He thought we had a good case to get sole custody. My question is if I would want to go back to australia can I move back without my wife's consent. Employment opportunities are way better for me in australia (like I can make 3 times as much as what I am making here) plus i have my family and friends in australia. And my wife and I have looked at split custody of the kids at the beginning now she says she doesn't want to do split custody and she says she wants sole and her demands met or she will have me deported back to australia. We have our first settlement mediation at the end of the week. Any advise on anything like international things or any advise on the situation would be great.
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Re: Going through Divorce my scenario.

Postby Fatheroffour » Sun Aug 05, 2012 7:36 pm

It's my suggestion that you never mention moving back to your homeland again until after the divorce settles if you're looking for custody of the kids. She may want you to move back now but if she thinks the kids will be moving there with you it will be spun as a bad thing. The judge might agree with her.

Anyway, that's my strategic suggestion. As a practical matter, if you get custody and move, that would be an opportunity to revisit the best interest of the child again. At least, that would be true in my state. I don't see yours mentioned.
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Re: Going through Divorce my scenario.

Postby defaultuser » Sun Aug 05, 2012 7:48 pm

Read the list. Also check out mediation tps: viewtopic.php?f=6&t=46407

My opinion is that A) your wife is full of it and she won't get sole anything. and B) your lawyer is blowing smoke up your back end and you don't have a case for sole either.

Unless you can show that she's harmful to the kids, you are going to have a hard time. I seriously doubt any US court will allow you to move to another country with the kids.

Don't move out. Stop talking to your wife, and start making her life really difficult. Does she work? Do you?
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Re: Going through Divorce my scenario.

Postby aussiebloke11 » Sun Aug 05, 2012 8:14 pm

Im in the state of iowa, and my wife works and she was emailing/ IM all the guys at work and at home and I have proof. I recently lost my job. At home my wife constantly talks to other guys on the phone and on Skype in front of me and she tries to introduce the kids to the guys she speaks with. We were splitting the bills and she would pay me the balance on bills I had more to pay, but now her lawyer has advised her not to pay me anything. But both of our names are on both bank accounts.
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Re: Going through Divorce my scenario.

Postby Fatheroffour » Sun Aug 05, 2012 8:29 pm

Just because she's a ho doesn't make her a bad mom. I hope you have more than that when requesting sole custody.
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Re: Going through Divorce my scenario.

Postby aussiebloke11 » Sun Aug 05, 2012 8:33 pm

My STBX wife works 3rd shift and I am responsible to get the kids ready for school and I am responsible when they come home from school like get them to bed and dinner, homework. After looking through the internet and such I can say that I am the primary care provider for the kids.
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Re: Going through Divorce my scenario.

Postby Jwb » Mon Aug 06, 2012 2:59 am

Aussie married to American here too.

How long have you been in America? What kind of visa situation are you in? If you have been here for more than two years you should have a permanent green card and she can't have you deported.
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Re: Going through Divorce my scenario.

Postby MrCoolDC » Mon Aug 06, 2012 1:47 pm

Why can't the Aussie chap just take the kids on a plane and move to Australia? Women do this to men all the time.
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Re: Going through Divorce my scenario.

Postby Trevor » Mon Aug 06, 2012 6:44 pm

Um, cos it's wrong to remove the kids from a parent unilaterally?
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Re: Going through Divorce my scenario.

Postby Chosen2Dad » Mon Aug 06, 2012 7:32 pm

Empty threats...don't worry about her.

You'll get some custody. As FoF said, don't mention relo again for the time being...your lawyer, wants to get paid...do your research on here and online...As DU said...let her say what she wants..she's got a big mouth...we may be able to put all of our.......and you can fill in the rest of the sentence.
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