Dear Ark,
I have to clarify, looking back and rereading ChamomileTea’s posts, that she is accurate in her points as well. No one, least of all internet strangers (well intentioned though we are), should dictate how you proceed. We have a tendency to read our own experiences into these stories and often offer advice that worked for us, or the advice we wish we took, when we took completely different paths. We will offer our takes on your situation, and offer solace for the hell you’re in, and sometimes we border on giving "black or white" advice. I’m guilty of this sin myself.
The reason I believe it’s necessary you speak with an attorney comes from my personal and professional experience. However, please realize that my own opinions are skewed by the limited experiences I’ve had.
I tend to see the downside, or pitfalls, of situations and take proactive steps in case those downsides or pitfalls block your path, however you are going.
I am concerned, based on the wording of that text, that there MIGHT be a pitfall or a problem on the horizon. And, I think you absolutely need to be mindful of it and speak with an attorney that can help you navigate that in your own jurisdiction. It’s like finding a random lump on your body – what do you do? Not every lump is cancer. Not every cancer is a lump. But, you need to go see the doctor to get it checked out because of what it could be. This is the same idea. You need a professional to help you navigate the situation based on what it COULD be. In my eyes, that’s what needs to be done.
After consulting with a lawyer, or before, please realize that this is YOUR call on what to do with your marriage. There are a thousand things you have to review and come to decisions about, all while feeling terrible. It’s the worst place to be in your life, and we have all been there. And, you have your kid’s lives to think about too.
Are your WW’s actions the worst ever seen here? No. Have people kept a marriage together in worse circumstances? Yes. Does it happen normally? I don’t think so.
The calculus behind this problem, at least for many of us, is that since we cannot trust our partner anymore, is there a way we can regain a modicum of it or are we putting ourselves in danger staying? Is there going to be more cheating? What else could they do to us? Are their feelings (often faked for so long) suddenly heartfelt or are they a form of placation by our partner to get us back in line? Anyone here would have issues trusting the sudden sincerity of their wayward partner.
And, that’s really the issue. Trust. We trust partners with huge life decisions – buying a home, finances, children, end of life decisions, etc. If we suddenly find out that the trust is gone that we relied on in making those decisions, then it scares a normal person to trust again. This is especially the case with a wayward partner that essentially lived a secret double life for an extended period… "wait, you said I love you every morning for a year, and I believed it, but you didn’t really love me at all… and now you love me?" We have problems trusting them for obvious reasons.
On their end, you’ve got to know what they’re fighting for, and why. Your WW, in only my opinion, couldn’t "love" you while in an active affair. She was in that for the past year, that we know of. While this secret life is probably "out" imagine the self hatred you’d have, or the fear that this egregious immoral conduct would be shared. Your WW probably fears wearing the "Scarlet A" for the rest of her life. It’s hard for any person to own up to their faults when there are serious consequences – and here is a huge one. Any normal person’s first instinct is to avoid consequences. That’s human. And that’s likely what she’s doing currently. I don’t judge her for it. It’s predictable, and we all do something like that, in some form or another, during our lives.
If you combine these two sentiments – that she probably didn’t "love" you during the affair and that she’s desperately trying to avoid consequences – (AGAIN BOTH HUMAN THINGS TO DO) then you have a possible danger area.
It’s not CERTAIN that she would do something terrible here, like fabricate stuff, but it is varying degrees of possible. No one here knows how likely, or unlikely, her doing some action is going to be going forward. We can only see that it might be possible.
What you have shared with us is that your anger – righteous anger might I add – is coming out. Just because you’re emotionally hurt, it won’t shield YOU from consequences if you do something wrong. The things you’re saying, she has already classified as "emotionally abusive" and she is likely right – they could be taken that way.
If they’re things that are happening with her and you when you’re talking, then, the absolute consensus is… cut that out. First, it’s not productive and you won’t look back on it fondly no matter how your marriage plays out. Second, it could pose a danger if there is a divorce and you have to argue for custody. Third, it could be used as evidence against you for a possible DV action.
Will these things happen? No idea.
Do you need to be prepared that these bad things COULD happen if you keep up those types of exchanges? You need to speak with a lawyer about that, but I would think you’d need to be on alert for that possibility.
Can any of us tell you how likely one of those bad outcomes could happen? Absolutely not. We are not fortune tellers, just a group of people with the same trauma and a set of tools we used to navigate it.
This forum is more to help get you through the typical danger areas and to let you know you’re not alone. And you’re not alone. We are here to listen. You’ll hear "take what applies to you, and leave the rest." When you’re scared, you may latch onto another person’s prospective because you can’t figure out where you want to go.
What we are here to do is to be a kind ear, and also convince you that YOU control your decisions here. A bad thing happened. You’re hurt and scared. You’re trying to find a path.
We are here to listen to you until you find that path you want to walk – the path YOU want to walk. We are not here to tell you what path to take. All we can offer is our own experiences and give you some food for thought while you’re deciding how you handle this.
I will say though, there is NOTHING to be lost by getting consults with attorneys to get legal advice. There is a HUGE AMOUNT that could be lost if you don’t. In that thought, I would say that you absolutely NEED to consult a lawyer based on the pitfall that MIGHT jump out in your path, and take steps to make sure you know how to get around it. This is jurisdiction specific advice, so you MUST get a lawyer in your state for the correct legal advice.
And, that’s my contribution here. I think I implied that you should file, and for that I apologize. I stand by my comment that there is the possibility that you are in danger. I stand by my advice that you need a lawyer to give you legal advice. But, in retrospect, after reading ChamomileTea’s statements, I want to make sure you know that YOU get to make the decision of where you want to go from here with your marriage. And we will all be a sounding board as you go through the process. I can’t offer legal advice – you need a lawyer in your own jurisdiction for that. And, I am terrible with the feeling advice, so I stay out. But, I write here to reiterate, once again, that I hope you make the decisions, whatever they are with your marriage, that lead to an awesome life, for both your children and you. You are in the driver’s seat with how YOU want to make YOUR decision. Never, ever, forget that.