--deep breath--
Okay, here's what's going on. I just got back from seeing a lawyer for a free consultation about divorcing Mr. Leeny, or the possibility of getting the marriage annuled. This is the gist of the meeting:
1. I can get a divorce on the grounds of irretrievably broken marriage, mentally cruel treatment, and/or (if I were to file within the next few months), physically cruel treatment.
2. An annulment might be possible, but is unlikely. The lawyer could try, but it would have to be demonstrated that Mr. Leeny either (a) was not competent to marry or (b) had no intention of fulfilling a husband's role at the time of the wedding. The lawyer could try for an annulment, then file for a divorce if an annulment isn't granted.
3. My leaving the marital residence to get away from the explosion that would happen after Mr. Leeny's service with divorce papers would not prejudice against my continuing to live there after a divorce. (I'm not sure I'd want to live there anyway; he's trashed the place so much.)
4. If Mr. Leeny ever assaults me again, a temporary protective order can be issued the same day, served on Mr. Leeny in my absence, and he's out of there.
5. My having to pay spousal support to Mr. Leeny isn't going to happen. Spousal support is paid when (a) a spouse gives up a career or livelihood to raise children or to support the other spouse in a "two-person career" (as with high-level executives, politicians, etc.) or (b) a spouse becomes disabled during the marriage and the other spouse files for divorce because of it.
6. It isn't my responsibility to set up Mr. Leeny's subsequent living arrangements if we divorce.
7. A judge could possibly be sympathetic to Mr. Leeny because of his disability, but it's not clear what would happen because of that.
8. The settlement offer I showed the lawyer (Mr. L. keeps all marital property, I pay all debts, and I pay Mr. L. $600 a month for a limited period of time to give him a chance to get established--the direct costs of supporting him that I wouldn't have to pay if we weren't married) is "exceptionally generous."
9. The lawyer requires a $3000 retainer to begin proceedings.
I actually feel more relaxed now than I have since the middle of March because I know what will happen and what is needed. I also have time, because I don't have $3000 and it will take some time to save it. Also, Mr. Leeny is scared and is making concessions. He volunteered to move the TV into what is now the storage room, and is taking action to get it cleared and furnish it. That would reduce the tension in the home tremendously. He's also being nicer to me. I know it's probably because he doesn't want to lose his meal ticket, but it does make life a bit more peaceful.
At least I know now what is, and is not, required of me and what to expect. Now, if/when God wants me to do this, He will supply me with $3000 as a very tangible expression of His will.
Posted 2 years ago by Leeny #