After 9 years of marriage, my wife and I moved to North Carolina from San Diego and the marriage fell apart less than 10 months later. Thus far, all has been amicable from property and assets and to the custody of our child.
We're handling it quite well.
We both want to return to San Diego as neither of us are happy where we are at. She lives in the home that I gave up to her and I live in a one bedroom apartment. Our son splits his time 50/50 between us and it has worked wonderfully for the last 7 months.
We have both openly agreed to go back to San Diego; not together as a married couple but seperately. Our 7 year old son (8 in April) is our only real concern. Neither of us want to live in seperate states NOR deny the other parent time.
Her plan is to sell the home this spring (MARCH 1st), and then use the money to relocate herself back to San Diego.
I have not left yet, due to not wanting to leave my son here; him and I are very close and spend a considerable amount of time together as a father and son should.
My wife, however, will not be able to leave until she can get rid of the home due to her financial situation. She needs to pay off her debt while still paying for her relocation and then her set up in San Diego.
My main concern, is the house not selling in time and looking up in MAY / JUNE still waiting on her.
I have a new business starting that will require my attention back in San Diego and am anticipating leaving in MAY regardless. She has sworn up and down, that when the home sells, she is coming back, without question.
I am worried for the off chance the housing market is horrible and she still finds herself sitting on the house come Summer and worse case, FALL. I am in a personal situation where I cannot sit in this one bedroom apartment indefinately.
I asked her "If I left, do you swear you're coming home when the home sells ?
I asked her "You're not gonna pull a fast one and once I leave the state, say you changed your mind about going back home?"
She said absolutely not.
I asked her if she would sign something in writing stating her intent to sell the home and then come back to San Diego. She said YES she would.
MY QUESTION
Is there a form or a procedure for this type of agreement ?
My biggest fear is her suddenly saying 'I'm staying here!' and then I find myself back home, and my son still with her 3000 miles away.
She seems convinced none of this will be neccasary and is optimistic the home will sell.
----
I am aware that even if the home sale takes longer than anyone anticipates, that her arrival could be longer than anyone wants.
We have not filed a legal seperation yet nor have started the divorce; although we have agreed not to get seperate lawyers. We will take care of it as simple as possible and as amicable as we can.
(I have no idea what she is waiting on)
We're handling it quite well.
We both want to return to San Diego as neither of us are happy where we are at. She lives in the home that I gave up to her and I live in a one bedroom apartment. Our son splits his time 50/50 between us and it has worked wonderfully for the last 7 months.
We have both openly agreed to go back to San Diego; not together as a married couple but seperately. Our 7 year old son (8 in April) is our only real concern. Neither of us want to live in seperate states NOR deny the other parent time.
Her plan is to sell the home this spring (MARCH 1st), and then use the money to relocate herself back to San Diego.
I have not left yet, due to not wanting to leave my son here; him and I are very close and spend a considerable amount of time together as a father and son should.
My wife, however, will not be able to leave until she can get rid of the home due to her financial situation. She needs to pay off her debt while still paying for her relocation and then her set up in San Diego.
My main concern, is the house not selling in time and looking up in MAY / JUNE still waiting on her.
I have a new business starting that will require my attention back in San Diego and am anticipating leaving in MAY regardless. She has sworn up and down, that when the home sells, she is coming back, without question.
I am worried for the off chance the housing market is horrible and she still finds herself sitting on the house come Summer and worse case, FALL. I am in a personal situation where I cannot sit in this one bedroom apartment indefinately.
I asked her "If I left, do you swear you're coming home when the home sells ?
I asked her "You're not gonna pull a fast one and once I leave the state, say you changed your mind about going back home?"
She said absolutely not.
I asked her if she would sign something in writing stating her intent to sell the home and then come back to San Diego. She said YES she would.
MY QUESTION
Is there a form or a procedure for this type of agreement ?
My biggest fear is her suddenly saying 'I'm staying here!' and then I find myself back home, and my son still with her 3000 miles away.
She seems convinced none of this will be neccasary and is optimistic the home will sell.
----
I am aware that even if the home sale takes longer than anyone anticipates, that her arrival could be longer than anyone wants.
We have not filed a legal seperation yet nor have started the divorce; although we have agreed not to get seperate lawyers. We will take care of it as simple as possible and as amicable as we can.
(I have no idea what she is waiting on)
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