<p>OP, I could have written your post 5 years ago. Even the part about the getting up early/making noise so you can’t sleep any later (my ex-H considered sleeping past 6 am to be lazy, and he didn’t want anyone in the house to do in on ANY day of the year). Sometimes he was just flat out aggressive, and sometimes just passive aggressive… but the constant “black cloud” of his anger and poor treatment was horrible.</p>
<p>Like you, I stuck it out because I was afraid of losing my kids (and afraid of what he would do to the kids if I wasn’t there to act as a buffer). Finally I caught him cheating, and that was the last straw. I told the kids we were getting divorced because their dad had a girlfriend, and it wasn’t me. I think they were relieved, and looking back, they are pretty much happy we split up.</p>
<p>Like your H, he fought mightily for 50% custody. But I had a good lawyer, and put a lot of pressure on him to look at the kids preferences. They made their opinions clear, and in the end he relented and ended up with every other weekend and half time during school holidays. Maybe even your angry H would see that he can’t very well take care of a middle-schooler if he is working 12 hours days all the time. And if it goes to court (we settled), the judge may ask the kid’s opinion. You should talk to a lawyer, though, as many states have calculations used to split time (and money) that need to be followed unless mitigating circumstances can be proven. That is state specific.</p>
<p>My older D (college senior) spends minimal time with her dad. Goes once or twice for dinner to his place while in town, but NEVER stays there. She was a senior in HS when we split up. She is cordial (even affectionate) with him, but she knows the score. D2 still has visitation. She hates it (ex-H recently married the woman he was cheating with). But she has only a year until she is 18, then I think she will take the same path as her sister (minimal time with him). He also has not helped much financially (minimum child support required by law, and a few small additional items). But I cover all the private school tuition and college tuition by myself. Believe me, my kids know which parent has their back, both financially and investing time & energy with them. I still can’t believe he made such poor choices and has essentially lost his kids. I cannot imagine doing the same. But he did.</p>
<p>I didn’t have to move to another location for my job, which was good. But I will tell you that all in all, getting divorced was the best thing I ever did for ME, and it has been no harder on my kids than living in the same house with us in a miserable marriage. There are occasional lonely days (especially if he has the kids on a holiday), but I know that I have their hearts and love for life, and they choose to spend time with me when the choice is their own. He can’t say the same. Sad for them, but it was the best choice for them and for me.</p>
<p>Get a good divorce lawyer… I waited a few months for mine to be available, and that was a good decision. Good luck, PM me if you need to chat any time.</p>