Leaving Him

Chapter 1

Divorce

AN: I own nothing, this is different from most my stories and I hope you enjoy it. Angst in this chapter probably first few chapters.

It was their normal movie night and Penelope was having fun, she was cuddled up on the couch in Derek's living room. The last two years since she'd joined the BAU that was how they ended every Friday night. Derek kept looking over at her ever so often and she knew what he wanted, the same thing that she wanted.

"I can't do this anymore," Penelope said, before she moved and got on Derek's lap, and she started kissing him.

"Pen," Derek said trying to stop her, but he wanted it too, "I want to wait," he was trying to wait till she was officially divorced from Jake, her so called husband. The man was a bastard, he never was around and when he was he didn't even look at his wife.

However Derek was, and he knew it was his own fault for starting this, Pen had showed up at his house crying because Jake wouldn't sign the divorce papers, she'd been trying for six months now to get him to sign them, but he pretended like he didn't hear her.

Derek kissed her again moving his hands to her hips; she was only wearing a sweat shirt, which was his. They were sitting on his couch with Clooney on the other end of it. He wanted to resist, but it wasn't possible he knew what it felt like to be buried inside her, they'd met once before, right before they joined the BAU.

She hadn't really been dating Jake, but he hadn't been ready to commit to anybody then himself, but he would have for her, however after that second week she disappeared and he hadn't been able to find her till a year later and she'd had a three month old daughter named Abby, and she was married to Jake Rails, however her daughter didn't have his last name.

Derek moved his hands up under the sweatshirt going up to her breasts, he wanted to do the right thing, but it was so damn hard with her like this, and the raging hard on he had going wasn't helping.

"Don't ever stop," Pen said when she felt Derek's hands go under her shirt, she moaned in pleasure. Derek touching her made her feel like she was in heaven; him just being here did that. She knew that it was crossing the line, but that had been crossed months back when he'd told her he loved her and he took her out, when they got to his place he showed her what it was like to be really in love.

Pen knew she should give Jake more time, but she was tired of waiting, she'd wanted a divorce even before Derek and she had started this. Jake and her had nothing in common any more, and even the little girl that Jake thought was his wasn't his daughter. Abby looked nothing like him and she didn't have his lat name either, she had her biological father's name.

She'd kept the identity of her daughters father a secret for so long. The person that was her dad loved her and she'd finally told them, it wasn't hard to guess by looking at her daughter. Her real dad took care of her, and she was safe with his best friend at the moment.

Abby was with somebody that her so called husband couldn't find her, and it was killing Penelope not to see her daughter everyday it hurt having to have her stay with somebody that Jake didn't know. However she knew that her daughter was in good hands, she trusted the person with her life. Jake never wanted Abby, she didn't have proof, but she knew he'd wanted her gone, not kill her, but give her up.

"Never planned on it," Derek said before he pulled her shirt off claiming her mouth before he picked her up carrying her to the bedroom laying her down on the bed, "I love you," he said not sure if he'd hear it back, but like always Penelope said it back.

"I'll always love you, hot stuff," Penelope said before he kissed her.

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Derek woke up the next morning with Pen in his arms, having her this close to him made his heart skip a beat every time, he was trying still to pull away, but he couldn't he was trapped in a good way to his baby girl, it wasn't trapped really, but pure love for her. He wanted her all the time, and Jake not wanting to give her the divorce was killing them.

Jake was a friend of hers from when she'd been underground, but they'd gotten married and now she wanted out, but he wanted to save what they had. Jake and Penelope hadn't slept in the same bed in over a year now, Derek knew that because since she'd given him the divorce papers to sign she'd moved out after he refused to sign them.

She was living with Derek and after Jake had showed up there one night, against what Derek wanted but to keep Abby safe he'd asked his best friend, Nick Wells to keep Abby for while until Jake was out the picture for good. Nick had place on the other side of Virginia and he worked for the U.S. Marshalls right now Abby was in his protection detail along with Desiree Morgan, Derek's sister. Rodney, a gang banger from Chicago had been trying to kill Des for while, but he couldn't find her now and after he was in jail Des could go home or stay in Virginia.

Morgan got up going to the living room after he'd gotten dressed. Nick was on the couch and Abby was watching cartoons. "You caved again didn't you?" Nick asked.

"You know we can't stop ourselves," Derek said picking Abby up and letting her sit in his lap.

"I talked to somebody, best thing I know is scare the hell out Jake make him sign the papers or tell him about Abby not being his," Nick said looking at the little girl, it was no doubt about who her dad was, "Don't worry, I made sure nobody was outside, I thought you two could use some time with her," he said, "Des is with Gideon at the moment, she said I was dead for leaving her at his cabin," he said with smile.

"Thanks," Derek said, "I try and keep it under control, but we both know that will never be possible," he said.

"I gave up on that last weekend," Nick said, "Which reminds me, I don't want to stay here long, don't want to risk Jake coming here and finding Abby here," he said.

"I know, I'll get Pen up in few," Derek said, "Thanks for doing this by the way, I just wish I knew she'd be safe here," he said looking up at the TV to see what they were watching.

"You know what you two going to do if Jake keeps putting this off?" Nick asked.

"They haven't had sex in two years, he is never home, well when she lived there he wasn't, he didn't even sleep in the bed with her," Derek said, "He doesn't deserve her, he never has loved her, you don't marry somebody and promise to love them and then after two years tell them that they are nothing but trash, he should be hurt."

"Yes we know that, but till then I think you two should lay off some, at least at the office you two get spotted there," Nick said.

"Two years Nick, don't give me that lecture," Derek said, "I know what I want and I know what I'm risking here, but I'm not letting her go twice," he said.

"I'm on your side but we both know what it's like to have rumors spread, soon as somebody finds out you and Pen are together it will find it's way up the ladder," Nick said, "I'm trying to protect you here," he said.

"Protect me, you better protect Abby and my sister," Derek said before he got up letting Abby go back to watching the cartoon as he went to find something, he was ready to punch something, namely Nick, he loved him like a brother and seeing as how he practically was after his mom died and dad was killed in a drive by in Chicago years ago his mom took him in, he was a brother, but right now he wanted to hurt him.

Derek wasn't sure if he could wait for Jake to get the notion to sign the papers, it was killing him knowing what his baby girl wanted, and he couldn't do anything not really. Derek also knew about rumors, how they could spread like wild fire, after everything that happened with his dad's death, Buford, and now this, people were already talking. However he didn't give a damn, he loved his baby girl, and he loved Abby too. The two them were like his home, he loved them both.

Nick came in the kitchen, "Look I'm sorry okay, I just want to protect my little brother, and it's going to be hard when people start talking abut the fact that Pen and you are doing it and she's not even divorced yet,"

"Not our fault we've waited six months for him to sign the papers he won't do it and I can't hold out any more," Derek said, "You know how hard it is knowing that what we both want is just in reach but so far away at the same time?" he asked, "I want her to be my wife, but you see that happening, I should have never left that night," he said.

"Did she tell you who Abby's dad was?" Nick asked.

"Yeah, she did," Derek said, before he saw Abby behind Nick.

"Daddy, can I have something to drink?" Abby asked with smile looking at her dad.

TBC

AN: I know so cruel, but until Monday you'll have to keep guessing who Abby's dad is. Nick's back I can't get enough of him.