Can the Phoenix Rise

I packed all my clothes and made two trips to Mike's to drop them off. I went back for my computer and other stuff I needed. I removed my password document from our file. I photographed her passwords. I was clear at 5.45pm. I parked well away but walked back so I had a view of my house.

At 6.10pm Sam, Nancy and Mary arrived. Witnesses to my breaching the restraining order. I could tell Sam and Nancy were mad I wasn't there. Maybe it was the note I'd left with my keys and wedding ring.

"Nice try! Have the lie detector test and file for divorce before you fuck him or it's number two!"

Sam was phoning someone. Mike had suggested I don't have the phone on in case there was a tracker on it. I made my way to Mike's. I would find somewhere else to stay in the next day or two. He wasn't happy with that idea. I would stay with him. He'd be glad of my company in the weeks ahead and I'd save money.

Mike and I discussed my options. I was clear. There was no longer any possibility of Sam and I staying together. Her actions with the restraining order showed her intent. I'd look for a new job outside Dundee. The good guy in me wanted to file with option one but the way she was treating me, option two appealed to my bad side.

Mike asked, "She'll know you'll be looking for evidence of adultery. She'll cover work, lunch times. I doubt he'll want to use the evenings as his wife may not be happy. You have the house bugged anyway if they were stupid enough to use it. Is there any event coming up shortly where she might have the option to stay?"

I thought, "Her firm's christmas dance is held at the Shoreline Hotel. We normally take a taxi. She could stay but how would we find out?"

Mike smiled and called his friend Jennifer. She came over and we discussed everything. She felt she could find a way to get me the evidence I needed one way or another. In the three weeks beforehand, she'd have Sam followed to see if there was anything going on already. In the meantime, I had to move some of my accounts to protect them. Cancel joint accounts and cards. I spent the rest of the evening doing that. It felt wrong no matter that I knew I needed to protect myself.

Mike's broadband used a VPN so I was able to check my video feeds from the house without her knowing where I was. Nancy and Sam were really annoyed. Mary was annoyed at them for bringing her into this. She thought what they had planned was despicable. She left with such accurate words, "You've fucked your marriage. You've driven Ben away and this will be the last straw for him. You haven't treated him well for ages. You deserve what is coming your way." She turned on Nancy, "Julian will dispose of you as well being involved as you are. How can he ever trust you again? Don't call me again."

Afterwards Sam and Nancy discussed what had happened. They were so sad they'd failed. Sam seemed genuinely shocked her former friend was so against what she'd done. Nancy was realising how much damage she had caused to her marriage, her friendships. Tough!

On Monday morning my boss seemed shocked I was at work. Perhaps he thought I'd have been arrested. I put in my resignation to HR. I never told him. I changed all my banking details so my salary would no longer go into our joint account.

I switched my phone on. There were numerous calls and texts from Sam. None from my kids. I checked it for trackers, took off 'find my phone.' The texts from Sam had no anger, seemed reasonable, asking me to contact her. Yeah right!

After work I drove to my parents, David and Margaret, so I could let them know what had been going on. They were in my corner. They were annoyed at the grandkids as I did everything with them. If they expected any presents they'd better be in contact with me. I explained I was looking for a new job and there were a couple nearby.

Mum smiled, "You can have the garage annex. It suited your gran when she stayed with us. Gave her privacy but support if she needed it. Once everything is settled you can find your own place if you wish." She laughed, "You can always hang a do not disturb sign on the door if you have a lady friend."

I returned to Mike's. We spent time playing a few board games. We went for a walk. He couldn't manage far but he viewed it as necessary for his mental health to get out of the house. His goal was to reach his birthday on the 9^th of January. The big 40. It would be close the way his cancer was progressing.

The days passed. I had updated my CV and sent it off to various firms. I had three video interviews and two companies asked for personal ones. I called in sick those days. I would have taken the time but with him supporting arsehole, no fucking way. My notice period was eight weeks from 27^th of November. I had sixteen days annual leave to take. 31^st of December would be my last working day. I hoped Mike would last the nine days longer. I could start after 23^rd January without breaching my contract.

Sam's firm's party was held on the 16^th of December. The next night Jennifer came to Mike's. She first asked him about himself and talked about some of their more memorable experiences. She laughed as she told me he had been so embarrassed when they had to interview a group of naturists. He sort of stood out among her colleagues. Mike laughed, "What could you do to avoid that when you had two sets of lips smiling at you?"

Jennifer gave me a package. "Ben, she fucked him last night. This includes the video. I suggest you don't view it. All I'll say it was over before I realised it. You can lodge your papers on Monday. I assume you'll go for your scorched earth option, naming him. I'd keep your knowledge of their fucking until the court. It can be played there. It's set in her room. If they think you can't prove it they'll defend. They will have to be there to deny it. Maybe his wife will be supporting him. Your evidence will hang them out as liars.

"My husband Brian is a solicitor and I showed him your plan. He thinks you may get most of it. He'd expect the judgement to keep the house so as not to disrupt the children's education and sold once they leave."

I nodded, "I'd prefer that for them but again her lies have them not contacting me. It hurts more than her adultery."

Jennifer was solemn, "I'll ask him. If we can prove you aren't this ogre she's painting you it might be we need the kids to give evidence of your behaviour."

I said sadly, "Possibly. I've got video of the times she was shouting abuse at me. I could use that to counter. I probably should speak with your husband if she contests it."

Jennifer left us. Mike was becoming frailer. The McMillan nurses were in three times a day. He'd a central line put in so he'd have controlled pain medication via a pump rather than be waiting for timed injections.

He said quietly after Jennifer left, "Ben, as you know I have you down as my executor. This house will be paid off when I die by my life insurance. I took the ill health retirement so I could have the commutation to travel to places I wished to see before I died. The house goes to my two nieces. I don't like my sister's husband as I'm sure he was one of those fucking Molly. It's bigger than my sister's so they can move here but never let him get a hold over it. He'll fight you. My sister will want a religious funeral but I have no faith. I have been preparing my ceremony with a Humanist Celebrant and it only needs me to die to finish it. The directions are in beside my will.

"When I had you put as executor I never expected what has happened to you to happen. If you feel it's too much, give it to Jennifer's husband. He drew it up. He's bloody good, for a solicitor."

On the Monday morning I was late in at work as I put the divorce forms into the Sheriff Clerk's office. Option Two.

My boss wasn't happy I was late but I said, I'd work the thirty-three minutes over the day.

On Wednesday afternoon, my phone kept going. My colleagues were looking at me. I explained, "It's my wife but I'm not allowed to speak with her." I put my phone volume to off. I half expected her to charge into the office.

I received a text from my parents asking to contact them. I did. Sam had called them as I wouldn't pick up my phone. Dad laughed as he said, "I told her someone has a restraining order against him. If he had he'd end up in court. He'd added, "I presume since you're so mad, he's done something like started the divorce. It's about time too as you and the children have shown him nothing but contempt. I hope they realise soon how much they'll miss him. So, what is it you want?""

Sam had struggled to get the words out as she was so angry, "I need to speak to him. Explain everything. See if we can repair our marriage. I've made so many mistakes."

Mum chuckled, "How can you speak to him? You had that restraining order put in place, painting him as the bad guy. You need to see how he can do it legally. He won't go to jail just to please you. He may never wish to speak with you again."

Sam said quietly, "I'll speak to my solicitor and see what can be done to allow it. He's gone scorched earth like he said he would. I never thought he'd treat his kids like that. It's my fault they haven't contacted him, not theirs. I have fucked up our lives, they don't need their lives fucked because of me."

I laughed. I brought my parents up to speed on what was going on. They asked how I was and about Mike. Mike wasn't doing good but was still aiming for his birthday. I had a sense of relief this would hopefully all be over soon.

31^st of December and I packed up what little remained of my personal possessions at the office. I had been removing stuff I wouldn't need since I resigned. My boss almost had a stroke when I left. He'd never looked at the request from HR on why so many were leaving. Four others had new jobs, big increases in salaries. Others were now actively looking.

9^th of January Mike passed away at 2.17pm. He'd been born at 1.58pm. He reached his fortieth. He died at home. Jennifer, his ex-wife Molly, his sister Denise and I were there. The McMillan nurses were tremendous. He went almost peacefully. More painkillers would have taken him sooner but he so wanted to be forty!

I arranged his funeral over the next few days, it just needed a date and time. The Humanist Celebrant gave her free times and we picked one. It would be in the funeral home rather than at the crematorium which isn't the nicest of places. It's so dark.

Mike had all his arrangements in place, who to contact. I ticked the list as I completed them. I arranged the hospital bed and other assistance he had to be uplifted. I spent time with Denise explaining how the house was her daughters. She'd move to the house with them. Husband could stay where he was. She'd had enough of his philandering ways. She'd been stuck as she'd no place to go with the kids. I told her to speak with Jennifer's husband. Mike trusted him. She would.

I compiled everything and put the will into the Sheriff Court. Once they approved it, the insurance company paid the life insurance. I paid off the mortgage. Once I had everything complete I called those mentioned in the will and gave them a breakdown. Molly was surprised he'd left her ten thousand. The sub text was that it was £20 for each blow job she'd given him. Hers were the best. She blushed. Denise had ten thousand and fifteen thousand was left to his nieces as well as the house. £10000 went to the McMillan nursing. I was given two thousand.

Brian had told Denise anything she got from Mike her husband couldn't touch.

I moved to my parents garage annex. I missed my tools. I was into woodworking and enjoyed working a lathe or a router as I built some piece of furniture or shelving. My dad contacted Sam to arrange to pick it all up and some other bits and pieces of mine I'd left behind. Sam had no choice but to accept. My dad and a friend picked the stuff up. I'd made a list.

Dad was happy when he came home. I looked at him, "Sam was mad. She went on you weren't giving her a chance. I set her straight. She threw her marriage away. The grandkids were watching us. I told them, "Do you know how hurt your dad is you haven't contacted him? He doesn't know if you're alive or dead." They looked shocked.

"I turned back to Sam and asked, "You wanted to speak to him, what have you done about it? You just wanted him to break that restraining order so you could have him jailed. You'll have to speak in the court when it comes up.

"She was mad. I wound her up even more. If I'd found she'd damaged your property I'd have called the Police. We didn't leave on the best of terms."

I never asked anything about her which I'm sure my parents would have thought bloody strange. I just wanted this nightmare finished.

I started a new job on the 1^st of February. They knew I'd need a day or two for court if my divorce was contested.

2^nd March I was at the Dundee Sheriff Court along with my parents, Jennifer and Brian. As it was being contested Brian would present the evidence. Sam was there along with her parents, Harry and Trisha, Nancy and the arsehole. I didn't see his wife. I had seen my children being taken into a witness room. Jennifer held me so I wouldn't go after them and breach that order. She felt my heart pounding and saw the tears forming in my eyes.

Brian summarised my case and asked that the court settle as per my petition.

Sam's lawyer told the court that her client accepts she behaved very badly towards her husband as she was in the grip of an unknown mental health problem. She'd had no contact with him to try and have joint counselling to try and repair the damage she had caused. She would like the court to order that counselling prior to abandoning any hope she could save her marriage. If that failed she wished the assets of the marriage split equally so as not to impact on their children in such an adverse way.

Brian stood up, "Your client obtained a spurious restraining order by presenting lies to this court. This prevented my client from contacting her or his children. Despite this she repeatedly contacted him asking him to do so knowing full well, indeed it was her intention, that when he did, she'd have him arrested. Even when the divorce papers were served on her, she sought to have him contact her. She was told by his parents he wouldn't speak to her until it was legally allowed. Her solicitor has never approached me to make any such arrangement. I may even agree with my colleague, it appears she may have a mental health problem. She is clearly delusional if she thinks she can treat her husband like this and expect to ever be a loving couple again."

The Sheriff (Judge in Scotland's middle courts) said she would listen to the evidence and decide if counselling may assist.

Brian called me to the stand. I detailed what had happened on that Saturday night and subsequently. I was in tears as I explained how hurt I was my kids hadn't contacted me. I would never have used them against her. This was all on her. I had to explain how often I'd made it clear that if she had sexual relations with Dewar or anyone else, it would end our marriage. Brian brought out the letter from the Managing Director and I added what Sam had said about his comments.

Brian asked, "How did you find out despite your entreaties she had been intimate with Dewar?"

I spoke softly, sadly (I had rehearsed that), "I was made aware that they had sex at the firm's Christmas party."

My answer was deliberately vague so we could trap them.

Her solicitor went on about my anger problem. I brought it back to her, "The night she and her cow friend Nancy ambushed me, I totally lost it. I never thought Sam was capable of such deceit. I screamed, I ranted but I was not violent physically. I left as they wouldn't let it rest. They wanted nothing other than my agreement. If I agreed it wouldn't be adultery. The kids were so upset their mum wasn't home the next morning I told them we were having troubles which might lead to a divorce. I'd hoped not but I couldn't promise that. I never told them she wanted to have sex with someone else. I didn't want the first they knew we were in trouble was a friend telling them they'd seen her with little dick."

I glared at Dewar.

"She came in shouting and screaming as our girls had texted her about being scared we would divorce. I was everything that was wrong. I pointed out, firmly, she was the cause. She didn't like that and went to our bedroom. The door needed new hinges. Our two daughters held her. All were sobbing their hearts out. I left for work before anyone got up. It's the first time I've ever left without saying goodbye or kissing any of them. I went to her work to take her to lunch as in public we'd both have to tone down.

"She came out with the arsehole sitting there, the arse she wanted to be intimate with. They were heading to the nearby hotel. I lost it verbally. I never hit anyone though he wanted to punch me. He worked out his odds of survival as nil. I laid it on the line to her. Our marriage or him. She couldn't have both.

"We didn't speak until the Friday night when she served me the restraining order. She gave what was a well-rehearsed cock and bull story hoping I'd fall for it. During our marriage I had suggested counselling on a number of occasions, she always refused. I told her I was seeing a counsellor to get beyond my anger. She was willing to meet Sam if Sam was serious about saving her marriage. Sam never said she would consider it.

"She never mentioned I had forty-eight hours to leave the house. I only caught that by chance as I felt something was off in her answer. I checked the order, found the time given and left just in time. I watched from nearby as she about had a stroke as she was so annoyed I wasn't there to call the Police on. We haven't spoken since she went out to collect her witnesses to me breaching the order. Within minutes of the time expiring, she was phoning me. I switched my phone off. That was the final straw in our marriage. I had given her two options. One before having sex with that slimy creep and one after. She picked the latter."

I remained as calm as I could but whenever I mentioned his role in this, the anger was there.

Brian picked up on that, "Why are you so angry at Dewar?"

I looked at Sam and then Dewar, "He's a sexual predator who uses his position to exploit those subservient to him. His firm allows him to get away with it. Without his actions, we wouldn't be here."

Dewar was not happy.

Brian called Jennifer next. Jennifer explained she had been retained by Michael Barron. I had not been aware. On his behalf, she had followed Sam and discovered her intimacy with Dewar. She had told Mike and me that Sam and Dewar had been intimate but didn't show me the evidence. She'd found watching the evidence of someone you loved being intimate with another was soul destroying and advised clients not to look at it. At my request she'd given her findings to Brian."

Dewar and Sam looked shocked.

It was my turn to be shocked when Brian asked if she'd done anything else. Jennifer replied, "My initial observations showed something malevolent was behind their meetings. I managed to get surveillance equipment into the firm's building. It gathered evidence of fundamental sexual abuse of female members of staff mainly by those in control. The appropriate investigative authorities have all the evidence."

Dewar gasped. His face lost all blood supply. I was equally shocked. Jennifer had never mentioned anything like that before.

Brian asked her about Dewar's behaviour, "Dewar boasted about his conquests with other senior management figures. Having seen him in action, he has nothing to boast about."