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NOVEMBER 19, 2008 2:22PM

Need Advice! Not Legally Married and he needs to go!

Rate: 8 Flag

Hello!  My name is Lils and I live in New York.  My boyfriend and I have been living together for over 7 years.  We have two children together, ages 4 and 2.  Our relationship the last year has gotten bad and in the last 3 months have gotten worse.  He's not the nicest guy in the world and it's just causing a lot of stress on me.  We basically walk through the house now without saying a word to each other... him more than me.  The environment that we are living in is strange and not normal to me.  And, I know it will affect my children.  I have told him on countless occasions- when he's talking to me- that I would like for him to leave.  The only financial support I want from him is for the kids' school and daycare.  I am more than willing to let him visit the kids whenever he wants.  I would be happy to create a schedule for weekdays, weekends and holidays... whatever!  I've tried to explain to him that we would be better PARENTS if we admitted that this relationship is not working and that it would be more beneficial to everyone if we could separate, but he just won't go.  He's told me a few times that he's not leaving and if I want to go I can move-with or without the kids. 

 First of all, I'm not leaving my kids.  Second of all, why should I have to uproot me and my kids and find another place while he just sits back and keeps our place?  It's not fair. And, the bottom line is I don't have the money to do that.  If I did I would have done it a long time ago. 

He basically has told me that he's not leaving or if he does leave he needs until February to get his savings together.  At first when we were being civil I entertained the idea.  I told him maybe as long as he treated me kindly and with respect that might work.   But, as the days went by he just became a jerk again.  I don't want my kids to think that it's ok to treat and talk to people that way he treats and talks to me.

 I did not grow up in a stressful environment.  On the other hand, he has... He lived in a broken home where his father and step mother didn't get along and didn't give two craps about him.  There was a lot of both mental and physical abuse.  So, I understand he is accustomed to a dysfunctional family life.  And, now the cycle is starting again.

I'd like to legally find a way to make him leave, but I do not have the money for a lawyer.  I'm also afraid that if there is no physical abuse then no one will want to help me, but mental abuse is pretty bad too!

 If anyone can offer some advice I would really appreciate it. 

 

Thank you!

Lils

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Do you own the place, individually or jointly? If you rent, are you both on the lease, and when does it expire?

So sorry that your relationship has deteriorated to such a bad place.
Sometimes, just for peace of mind, it's best to cut your losses and move out if that's at all possible. It seems like you are looking for him to release you somehow. You're an adult, you have the power to remove yourself from this situation. I am so sorry that you are going through this but you must know that this is not good for your children nor their mother. I don't know the laws in your state, but are you considered to be common law married at this point?
We are renting. Our lease expires in August. I am solely on the lease.
This is not going to help with the stress level, but if you're the only one on the lease, and you've ordered him out, he's trespassing. In Texas, the deputies will come give him a trespass warning, making it a crime for him to return. That's kind of a nuclear option tho.

If you're not going to do that, you'll have to leave, which will leave him making the rent, or not, with your credit swinging in the wind. The discomfort of moving and risking your credit may be the price you have to pay to get on down the road. Good luck.
Find Legal Aid in the phone book. You're going to need an attorney sooner or later, because you'll need to negotiate child support. Find a women's/family resource center. If you need to, call a domestic-violence hotline. Call the local bar association. There are people out there who can help.

Shorter term, if you know a cop whom you can trust, s/he can give you a better idea of what your rights are in your state in terms of evicting him from your apartment.

Best of luck.
I agree with high lonesome. In my state their is a small fee to have him evicted. He'd have three days and then they drag him out by his heels. A women's resourse center is surely your best place to start. They also may be able to find temporary housing for you and the kids until he's out. Good luck.
Wanted to chime in here and tell you about the Advice Vixens site. I wonder if you could throw your question out to them. You might get some more advice. It's full of lots of women who have been through this kind of thing.
Lils, you need legal counsel and you've been given some excellent referrals. You need to know your legal rights first and foremost. What is your support system? Friends? Family? Support is critical to help you make a bold and necessary shift in your life. Love yourself. Be true to yourself. You know that, for lack of a better word, "icky" feeling when you make an agreement, you say "yes" when you know you don't want to, and it feels as if your essence, the sacred part of you is just seeping down the sewage drain? Yes, that feeling. Get in touch with your body. Our bodies give us messages and directions sometimes before our brain or our heart does.

Emotional abuse, studies show, is MORE devastating than physical abuse. Don't settle. Believe that you are worth more than this. See what kind of low-income counseling is available to you. And remember, one day at a time. This is a process...be patient with yourself and focus on those beautiful children. All the best.
Hi Lils, I was waiting until Mary T Kelly chimed in. This is a serious question you ask and I don't have the answers. I will say I wish you and your children the best and you do owe it to yourself and kids to be happy. Trust me, it will affect them seeing misery. That much I can attest to.

All the best,
Greg
Lots of good advice here. Married or not, you need good legal advice. If he is forced to leave, he may get very ugly indeed. Make sure you know the number and whereabouts of a domestic abuse shelter. Don't put your paycheck into a joint account. Start a little emergency fund for yourself.
Start calling today to find out what your options are. Don't sell yourself short.
good luck.
Sometimes it's just best to cut your losses and move on. . A new environment might help you relieve some of that stress anyhow.

As much of a hassle as that sounds, you can take this opportunity to reinvent yourself and your lifestyle.
Wow, I really sorry to hear of your situation. Here is my advice based on experience. Don't threaten him or give him any indication of your plans. My situation was exactly like yours except that I was so frustrated that I told my spouse what my options were and that I was going to take action. He consulted an "evil" attorney and she suggested that he file a false domestic violence complaint against me and contacted DHS and told them that I abused him and the children.

The result was that I was forced to evacuate the resident and leave my children behind. The was the most traumatic event that I have ever had to endure. Then I had to fight like hell to prove that he lied. It's a hard position to come back from and cost me about $30,000 in legal fees. Lay low. Be civil and get legal advice. Tread lightly, this could get really ugly. Good luck.
In NY there is a group called "My Sister's Place." They can help you find some support for the emotional abuse part of this. I agree that you will need all the support you can muster to get through this and it doesn't sound like it will be easy, but it sounds like you must do it. Good luck, and stay strong and safe.
What's the status with the kids, does he want custody? shared? They are are his kids too.

Do you have your own income?
Search out your legal options...but PLEASE HEED Zumi's advice.
Thank you to everyone that has offered me advice. Immediately after posting yesterday I researched some legal options in my area and found a lawyer. He will handle my case and guide me. I didn't realize that I could actually physically have him removed. I feel like a weight has been lifted off my shoulders. I'm scared, but I know what needs to be done for my children and for me.

I was actually going to give him one last shot last night to depart amicably, but came home drunk and there's really no talking to him when he's been drinking. Oh well... Then I read Zuma's post and realized that it was a good idea to keep my mouth shut.

I don't really what he's going to do regarding the custody part. At this time I am the main source of income in the house. He's working off the books part time and going to school part time. He's trying to get into the FDNY and I know having anything legal on his records against him will not look good on his investigation. So, I expect things to get ugly. Although, I'm hoping they won't.

Thank you to all!
xoxo
Lils
You might also want to see if you can assign, sublet or cancel your lease. Most landlords are primarily concerned about making sure "someone" is paying the rent so they're not absorbing it. If you find a new renter, they may be willing to cancel or transfer your lease.

If it would take him until February to be able to arrange his savings to get his own place, don't have high hopes of what he's going to contribute financially. His financial status already speaks for itself.

Your goal is to lift yourself out of the crazy. There will be lots of things you have to battle... try keep the number of them as low as possible. Choose your battles wisely. A rental property might not be worth battling over. How to co-parent definitely is.

Hang in there. Be good to yourself. Hugs your kids lots.
Not a damn one of you has done anything but tell this lady how to get out of her long relationship and split with the kids in tow. Shame on you!

You've got a few score words here from one party in a relationship that obviously had something going for it at one time - and has two little somethings at the heart of it right now, who might miss their daddy just a little tomorrow and forever.

There's no physical abuse and the situation obviously isn't at the extreme end of horrible.

What is wrong with you? Can't one person delve a little into the situation, get a better handle on it? Can't one of you advice givers offer some perspective that the tides of a marriage/relationship ebb & flow, and there's no guarantee this couldn't get better again? Can we talk about counseling, for God's sake?

I hate the knee-jerk "Here's how you get out..." response.
In response to Man Talk Now's comment, there are parts of it I totally agree with. I usually shy away from giving on-line advice. There are two sides to the story. As he points out, there are children involved. To me, your question was more of a legal matter than anything else, and of course you should consult with an attorney.

As for the relationship, I work with many couples who are on the brink of divorce. There are many things that can be done to get couples through critical times, too complicated to go into here.

As for the drinking, if there is an addiction, this must be addressed, whether you stay together or not for the sake of the children.

So, as Man Talk Now suggestions, if there is any splinter of hope, couples counseling is an obvious place to go. Leaving no stone unturned is a good way to live our lives for many reasons.

All the best...