*Author's Note*

Thank you for the reviews, faves, and follows.

I got this out pretty quick. Oh boy, this chapter's pretty heavy. Oh and shyster lawyer Perry Cline comes out to play in this. Poor Novella, her uncle's a shady lawyer…

Had'a Say Goodbye

Novella POV:

"Novella, dear, please sit down." My Uncle Perry ordered me, his hand wavin' to the empty seat adjacent to his desk, as soon as I walked into his office with my daughter in tow. Quickly lookin' at my daughter he said, "Rihanna, dear, go sit at the table in the kitchenette. There's muffins and apple juice out for ya."

"Okay, Unca Perry." Rihanna nodded, runnin' off to the small room to the left of the main office room.

While I made my way over to the empty seat near my uncle he told me, "Now today in my office's the proper place to discuss divorce, not in the front yard of your in-laws' like you tried to do yesterday 'fore dinner."

Oh to say that my uncle was pissed that I approached him yesterday and tried to ask him about how to get a divorce was an understatement. I've never seen Uncle Perry look so angry, his eyes turned so black that they could've rivaled a piece of coal. He ended up tellin' me never to bring that subject up where family ears could overhear. He also came up with a lie to tell Tolbert to allow me to come visit him today, in order to talk the subject of divorce.

"I'm barely able to get to town much to even see you, I just thought that askin' 'bout divorce yesterday was gonna be my only chance." I told my uncle, my voice a bit tense, as sat down in the chair near him.

"Well, you're lucky that I told your husband I'd like you to help me pick out some law books for Moses to study, help me deem what ones are fight for him at his age, as a way to get ya into town."

"Uncle Perry, can ya stop lecturin' me and just tell me how to obtain a divorce." I bluntly told my uncle, givin' him an unamused stare.

Uncle Perry leaned forward in his chair, placin' his elbows on his desk, while sayin' slickly, "I'll tell you, but I know for a fact you're not gettin' one."

My brows furrowed deeply. "Why not?"

"Frankly, Novella, you're a woman and therefore deemed in the control of your husband. Tolbert has total control in the eyes of the law over you, your property, your money, and your child."

Narrowin' my eyes I asked sarcastically, "What, so I'm like damn livestock?"

Uncle Perry rolled his eyes at me and scoffed, "No, don't be so dramatic. He doesn't own you, he's responsible for your welfare." My welfare, so then I'm no different than a child? Great, just great. Grabbin' his cup of coffee off the corner of his desk he sighed, "Divorces are more complex then one thinks. At least for a woman."

"How so? I've heard that a couple of women have been granted divorces nearby."

"Yes, by that Hatfield judge…" Slipped off of my uncle's tongue bitterly as he held his cup near his dark mustache covered lips. 'Tween sippin' on his coffee my uncle told me, "Truth be told, Novella, you putting in a divorce petition would involve you accusing Tolbert of being either a cruel adulterer or a drunkard adulterer." While givin' me a tilted look he added, "You'd need male witnesses to back your testimony as well."

"Okay." I nodded 'fore goin' on to say, "Well, I have somebody that can testify that Tolbert's a drunkard adulterer."

"Yes, that one-eyed bastard Hatfield you've been havin' an affair with." Uncle Perry spat out at me, causin' the color to drain from my face. "Yes, my dear, I know about that."

"It's not an affair, we're just acquaintances." I quickly blurted out. Uncle Perry just shook his head, disbelief in his eyes, which prompted me to go on to say, "He's the one that told me 'bout Tolbert drinkin' and consortin' with whores at the saloon."

"Don't lie to me, Novella. I know that you're havin' an affair with Cap Hatfield, just as I know you've got a stake one of his daddy's mills." Uncle Perry advised me, a bit of a snarky bite to his slippery tone, 'fore takin' a long sip of his hot drink.

My cornflower blue eyes widened to the size of quarters. I was in total shock. "What? Y-ya went snoopin' in my things?" I felt violated, my own uncle went into my bedroom and dug 'round in my hope chest. My own husband doesn't even look inside that chest. "How could you do that?"

"Easy, I was lookin' for whiskey bottles to empty out to help your husband when I stumbled upon your old family picture with a claim paper shoved in the back." Bastard, he opened up the frame and dug out the paper. It's folded and tucked behind the picture, not easily found. My uncle leaned back in his chair while tellin' me in his slick voice, "Now, since that claim's in your maiden name of Landon and not your married name of McCoy, you'd keep it in a divorce. But, sadly, that's all you'd keep if Tolbert were to counter-petition the divorce with his own claim of ya being an adulteress."

I raised a thin auburn brow while quickly askin', "What'd you mean that's all I'd keep if I was acused of havin' an affair?"

With little to no emotion in his timbre he told me, "Tolbert would be granted sole custody of Rihanna as well as keeping all the money. You'd have nothin', but your saw mill claim and your one-eyed demon man."

"What? You'd let that happen? You'd tell Tolbert to counter me, wouldn't you?" I more so accused, rather than asked, my uncle as I watched him relax in his chair sippin' on his black coffee.

"To keep my great-niece out of harm's way, yes." Uncle Perry admitted, his voice hard and firm. With a slight informin' sneet he added,"Plus, Judge Tobias is a friend of mine and he'd just sign the papers, mark you an adulteress without a real hearing at my urging."

"But that's not fair. How could you do that, twist the law up to suit yourself?"

"The law's like-" My uncle began to recite his pompous law's like a muscle speech til I abruptly cut him off with a furious snap of, "Don't give me that bullshit, Uncle Perry."

"Well, then, I s'pose I'm using the law to ensure that you don't bring shame onto both the Cline and McCoy names."

"Shame? Like Tolbert knockin' up a whore an' settin' her up 'cross the Tug's not shameful to the family and our marriage?" I rhetorically scoffed, my voice drippin' with venom. "Oh, you're so full of shit."

"Judge Tobias would never believe that accusation, especially since the witness is your Hatfield lover. Everyone in Pike County knows that Tolbert's devoted to you, but is just emotionally distraught due to losin' two sons back to back. Nobody'll believe your claim. I know I for one certainly don't." Oh my god, it was hopeless. I wouldn't stand a chance trying to divorce Tolbert. "I think you better take Rihanna and go, I've got to keep my office open for clients."

After leavin' Uncle Perry's law office in Pikeville I went 'cross the Tug to visit Vera. It might not be the smartest thing to do, but I needed a friend to talk to since I felt horrible. Vera was y only friend that I could honestly talk wit' 'bout my marriage problems. I couldn't go up to Aunt Betty's and talk to Roseanna bout it, she'd insist that I need Tolbert while Aunt Betty'd most likely run to Perry and tell him anythin' she overheard me sayin' that was bad 'bout Tolbert. I felt like I couldn't trust Roseanna and Aunt Betty when it came to the subject of me an' Tolbert since they were so damn convinced that he was a saint in our marriage and could do no wrong, that all my problems were imaginary an' made up.

Once 'gain I found myself sittin' with Vera on the porch sharin' a pot of coffee, talkin' an' watchin' my daughter play with an orange tabby cat. I had just finished spillin' my guts to my new friend bout how my uncle refused to help me divorce my husband and was waitin' on baited breath for her reaction.

"Wow…" Vera trailed out, her tone soundin' stunned. She looked at me wit' sympathy in her eyes while sayin', "That's just horrible, your own uncle'd rather have you married to a husband that gives brings ya pain then have you divorced and makin' a livin' off of a Hatfield partnered mill."

"Yea, so I'm stuck wit' Tolbert. I can't leave him or I'll lose Rihanna cause of my affair wit' Cap."

Vera took a quick sip from her coffee cup 'fore pointin' out, "But nobody can prove it. Tolbert's affair can be proven. Cap, my Tom, and others have seen him drinkin' an' whorin' since New Year's Eve."

I shook my head and sighed, "It doesn't matter cause Uncle Perry's chummy-chummy with Judge Tobias in Pikeville." Vera looked curiously while I took a sip of my coffee and went on to explain, "My uncle told me that the divorce'd be given to Tolbert on grounds of me bein' an adulteress wit'out a hearin' if I petitioned for my own divorce."

Vera's eyes went wide as she let out a small gasp of, "My lord, that ain't legal is it?"

"No, but they'll do it anyways."

"So, you gotta end things wit' Cap then?" Vera asked, even tho I'm pretty sure she already knew what the answer was. I think she just wanted a solid confirmation.

"Yea, I don't have a choice." I revealed, bitin' back my lip to keep my sadness at bay. Just the thought of not havin' banter wit' Cap or seein' him interact wit' Rihanna anymore hurt.

"Him an' my Tom'll be back soon for lunch. You can break the news to him here if ya want. I'll make sure that me an' Tom keep Rihanna entertained." Vera offered, a sympathetic look on her face, as she gave me a soft hand tap.

"Thanks, I appreciate it." I gratefully told her, givin' her a sad smile.

I don't know how long I was sittin' on the porch wit' Vera for whenever Cap and Skunk Hair rode up to the house, but it felt like an eternity. I noticed that Vera an' Skunk Hair shared a look 'fore the tall lanky man walked up the porch an' then into his house. Cap just looked at me wit' a furrowed brow, clearly he picked up on my sullen mood. No doubt I had worry all over my face.

Vera shot up from her spot on the rocker next to me and stood on the porch. With a kind tone she loudly shouted a few feet to the left where my daughter was, "Rihanna, come say hi to Cap 'fore I take ya inside to get somethin' t'et wit' me an' Skunk Hair."

"Okay." Rihanna said 'fore droppin' the car she was holdin' an' runnin' up to the house. Once she reached the porch she ran up the stairs while grinnin' brightly, "Hi, Will."

"Hey, Anna, havin' a nice time visitin' Vera wit' your mama?" Cap asked, quickly kneelin' down so that he could be ear level with Rihanna.

"Yea." My daughter simply answered. Quickly she added in, "Saw Unca Perry wit' mama too."

"Oh…"Cap sighed, lookin' up at me wit' a look that portrayed that he guessed I asked 'bout my divorce. Lookin' back at Rihanna he smiled, "Bet that was nice. I gotta talk wit' mama, go on wit' Vera. Okay."

"Okay." Rihanna nodded, a big grin on her face, 'fore goin' ov'r to where Vera was standin'. Vera just gave Rihanna a small smile, took her hand, and led her into the house.

As soon as the door clicked shut Cap stood up and walked over to the empty rocker next to me. Takin' a seat he looked at me and broke the ice by askin', "So, ya asked your lawyer uncle to help ya get a divorce then?"

"Yea, but I can't get one." I revealed, my flowin' voice flat an' heavy, as I slowly rocked in my rockin' chair.

"Why not? Tolbert's squanderin' all the money on whiskey and his whore, ain't that grounds for a divorce?"

"It is, but Uncle Perry told me that he'd make sure that Tolbert'll counter my petition wit' one on me for adultery. He's friends with Judge Tobias, says he'll grant the divorce to Tolbert. I'd only have my mill claim cause it's in my maiden name and only that. Tolbert'd get custody of Rihanna." I lengthily explained, my voice goin' raw wit' emotion as I got to the part 'bout the potential loss of my daughter.

"Shit…" Cap sighed out, a stunned look on his face. I take it he, like myself, never dreamt in a thousand years that's what a divorce for me would entail. After a few seconds went by Cap arched a brow while askin' curiously, "Wait a minute, how does he know bout the land claim?"

"He found it snoopin' in my house when nobody was home."

"Damn, always heard he was a snake, but that's low." Cap shook his head in disgust. "He knows you're unhappy, but's blackmailin' ya to stay wit' your husband. Fuckin' prick." I didn't say a word, just silently nodded my head in agreement. Lookin' straight 'head Cap firmly told me, "We can't see each other no more, Nova. I ain't lettin' ya risk losin' Anna ov'r me. Whatever the hell's goin' on 'tween us ain't worth it."

"I know." I simply told him, my voice slightly crackin' a bit. "I better collect Rihanna an' get goin'." I announced, tryin', but failin', to keep my voice level as I got up from my rocker. I needed t'get 'way from him. Cap, despite bein' a cocky, crochety, blunt, cold-mannered man, had a way of makin' me feel cared for an' understood. I no longer had that as of now and it hurt.

Cap didn't say a word or move a muscle, he just sat stock still starin' straight 'head off the porch at the vast landscape full of trees an' various sized hills. I walked silently by him and to the door. 'Fore walkin' inside I looked ov'r my shoulder only to see Cap smackin' the armrest of his rockin' chair wit' his fist. The shaggy haired blonde in the black Stetson was upset, but was only lettin' his emotions out when he thought I couldn't see him.

I decided not to let him know I saw him punch his armrest, instead I just opened the door and walked inside to fetch my daughter so that we could go home to the life we were trapped in.

I was another year older and another year wiser since today was the day that 4-years prior changed everythin' for me, my birthday. The day that when I turned 16 I got a locket wit' the promise of courtship and marriage from Tolbert. Go forth 4-years and I was wakin' up next to a half-drunk ginger wit' the temper from hell. I wondered, as I got out of bed, what he got me this year for my birthday. Hopefully he got me somethin', I mean wit' how tense we've been I doubt he actually bought me somethin'. Plus, I got a hunch he's been usin' his money on somethin' or really somebody else.

It's been a couple of days since I had'a say goodbye to Cap, end our affair, and I felt a hollow sadness. I wasn't sure why considerin' there wasn't any love 'tween us. Reckon I just missed knowin' that there was somebody that cared 'bout me an' my daughter. Hell, readin' bout affairs in novels seems tragic, but havin' one an' then abruptly breakin' it is worse than any emotional words written on a page 'bout it can describe. Knowin' that the comfort ya once had, despite it bein' wrong, is gone is earth shatterin'.

I'd put on a fake cheerfulness, makin' sure that my daughter never knew that I was sufferin' a gloomy mood. I also made sure to force myself to be pleasant to my husband, who at the moment I resented. It wasn't fair that he could do whatever the hell he wanted while I had to just sit back, shut up, and deal wit' it. I was only wit' Tolbert cause I couldn't lose Rihanna.

Silently I got dressed and then went on to fetch some eggs 'long wit' some breakfast meat. Once I got back inside the cabin I fired up the stove, put on a pot of coffee, and started on breakfast. I was flippin' over the bacon whenever I heard the sound of my bedroom door openin' followed by my husband's bootsteps scuffin' 'gainst the floor. I didn't pay him much mind, just continued t'cook breakfast.

"Happy Birthday, Ella." Tolbert told me in his smooth-gruff tone as he stopped in his tracks to stand next to me. How nice of him, he remembered even tho he hates my guts.

"Thank you, Tolbert." I politely told him, a very thin smile on my face, 'fore inchin' 'way from him to grab a fryin' pan off the hook hangin' 'bove the stove. Secretly I wanted to smash his face in wit' the pan, that's how much he irked me.

"I got'cha somethin'." He told me as I placed the pan onto the open stove burner.

"Of course, ya did." I replied, reachin' to grab the eggs from the bowl on the nearby counter. I tried to keep my tone steady, but I think a bit of discord seeped thru.

"I'd like t'give it to ya now." My husband told me as I cracked an egg into the pan.

I tossed the egg shell into the trash bowl and cracked 'nother egg into the pan while askin', "Now? But I'm makin' breakfast, can't it wait?"

"It can, but I don't want it t'wait."

"Okay, so d'ya got the gift on ya?" I asked, stirrin' the eggs I just cracked into the pan, since I didn't notice him holdin' any packages.

"Mhm." Tolbert's velvety voice vibrated in the back of his throat as he shoved his hand in his pocket. With a smile he pulled out a small velvet pouch. "Here, open it." He told me, holdin' the pouch out for me to take.

I set my wooden spoon down in the pan, 'gainst the edge of it, and grabbed the pouch. Oh my goodness, did he buy me jewelry? Quickly I opened the pouch and stuck my hand inside it. I grasped somethin' thin and silky, like a ribbon, and pulled it outta the pouch. My eyes looked at what I was holdin' in my hand, which was a green ribbon wit' a large weighty knot charm on it meant to be a book marker. Really, a damn book marker?

I think my silence at the gift startled Tolbert. He looked a bit cross that I wasn't jumpin' for joy over the silky green book mark. "Um, don't ya like it?" Tolbert asked, his velvet toned voice a bit shakily.

"Yea, but I just don't understand why it couldn't wait til later tho." I told him, stuffin' the ribbon page marker back into it's pouch and stuffin' it into the pocket of my apron.

"Figured ya'd wanna use it in one of yer books." Tolbert told me, goin' over to his spot at the head of the kitchen table.

"Oh…" I nodded 'fore grabbin' my wooden spoon and quickly stirrin' the near burnt eggs in a futile attempt to scramble an' save 'em.

I tossed the wooden spoon into the pan and shoved said pan to the back burner. Damnit, eggs are burnt. Goddamnit, Tolbert just had'a interrupt me while I was makin' breakfast. Damnit, how can he one minute be so sweet an' the next be a hot-headed mess? Lookin' down at the gold ring on my left ring finger I couldn't help, but feel like a 100-pound weight was on my hand. Marriage ain't s'posed to feel suffocatin', but mine did. I didn't feel loved and cared for anymore. I felt like a damn porcelain doll up on a shelf, only bein' paid attention to when the mood hit.

"Somethin' wrong, darlin'?" Tolbert asked, pourin' himself a cup of coffee.

"I burnt the damn eggs."

"Ah…" Tolbert sipped on his coffee 'fore gruffly suggestin', "Ya better go get some more then."

Of course, he'd say that. It's my birthday, ya'd think he'd be nice and offer to gather some eggs for me, but no he orders me to get them.

My birthday was a beautiful day, birds were out singin' and the clouds were floatin' fluffy white, like cotton puffs, in the clear blue sky. A slight breeze was in the air, cuttin' some of the humid heat of this year's Indian summer. The leaves rustled on their tree branches while, some jewel toned ones fallin' to the ground. I was on my porch, takin' a small break from cleanin', and enjoyin' the early harvest scenery. Rihanna was sittin' on the steps, playin' wit' her dollie. I just smiled, watchin' my copper-haired little girl, as I sipped on a glass of tea.

Out of nowhere Nancy's wagon came into view. I wasn't expectin' her over today, but then 'gain wit' her she just comes by whenever. "Happy Birthday, Novella." She called out to me, climbin' down from her wagon after she stopped it in front of my house.

"Thank you, Nancy." I told her as she walked up to the porch.

She didn't say a word to Rihanna, just patted her on the head like she was a dog and walked by her. My daughter gave our cousin a cuttin' look, clearly my nearly 3-year old doesn't like to be patted on the head. Rihanna, holdin' her doll in her lap, watched Nancy with hawk eyes as she crossed over the porch and took a seat next to me.

Nancy gave me one of her sickly-sweet fake smiles. "I got'cha a present, dear cousin." She told me, openin' her purse and pullin' out a cannister.

Oh lord, she got me tea. Really, who the hell gives people tea for their birthday? "Thanks." I told her with a fake smile while I took the can of tea grounds from her.

"I was gonna go visit Roseanna today. She's doin' poorly tho, gettin' sick 'gain, so I don't think it's wise that you come wit' me."

"Yea, I don't want Rihanna catchin' anythin'. Just tell her I said hi, okay."

"Of course." Nancy smiled and nodded. "So, where's Tolbert? He workin' on your birthday?"

"Yea, I think he's clearnin' the fields."

With a sharp look, that was a slight bit threatenin', she told me, "He's a hard worker, does all he can t'care for you and your girl. Don't forget that, or you'll lose what you hold dear."

So, Uncle Perry sent her to threaten me. How nice of him. Happy 20th birthday to me, not. I gave Nancy a hard look while tellin' her, "I hate to cut this short, but I gotta get back t'cleanin'. Ya better get goin' to see Roseanna."

"Of course." Nancy spat out, nearly chokin' on fake sweetness, as she stood up from her chair. "I'll come 'round some other time." She told me, more like warnin' me that Perry was sickin' her on me as my watch dog, 'fore walkin' down the porch and over to her wagon.

Whenever I saw her get into her cart and leave I couldn't help, but think good riddance. Once I liked Nancy, was good friends with her, but not so much anymore. I couldn't place my thumb on it, but somethin' bout her just didn't set right wit' me anyore.

AN:

Yep, Perry put a stop to Cap and Novella's affair. No divorce for Novella and Tolbert. Oh, that birthday gift Tolbert gave Novella…oh boy a bookmark…how many of ya'll thought it was jewelry at first?

Okay about the divorce stuff, I did some quick research on 19th century divorces and boy oh boy it was not wife friendly. It was easier for the husband to obtain the divorce then the wife. Lots of little factors went into it, including whether or not a judge even deemed the marriage dissolvable etc. Also, wife and children in the 1800s were considered property to the husband. THAT SUCKED! So, if a man wanted to he could take all of her earnings and the kids, control her into submission…I read that divorce was a man's tool more so then a woman's. Also I read that roughly only 12 out of 20 divorces petitioned by women were granted, sometimes less if the judge of that county was against divorce and firmly believed in the sanctity of marriage (which many did…) Oh and a man could divorce his wife easily cause of adultery or lack of performing her wifely duties (where in he automatically received sole custody of the children and all of her money, property, etc), but a woman had to prove that her husband was either cruel and a drunkard, cruel and an adulterer, or a criminal, but had to have male witness testimonies from close friends and family. If her divorce was granted she received custody of the children, but only ¼ of the money and properties while ex-husband kept ¾ of the stuff. She only kept what she had inherited or received before her marriage.

So that's why Novella's stuck with Tolbert, crazy 1800s divorce rules.