Divorce

DOMESTIC VIOLENCE, ORDERS OF PROTECTION, EXCLUSIVE OCCUPANCY OF THE RESIDENCE

If you or your children are being emotionally and/physically abused by either parent, you may be entitled to an immediate Order of Protection and in the more severe cases, an award of exclusive possession of the marital home.

Domestic Violence comes in many shapes and forms. In answer to our question, does your spouse hit you, we have often heard the response, “no”. Then as we continue to speak about their home life, the party may make reference to a black and blue caused by the other party. When asked again about being hit, the answer is similar, “he doesn’t hit me, he just pushes me into the walls” (!!).

Domestic Violence takes many forms. Some instances of Domestic Violence that we have handled are the very obvious punch in the face or stomach, slaps, kicks, scratching, threatening with a weapon or dangerous instrument, locking the person in a room without a way to get out, forcing a person to sleep on a cold tile bathroom floor, preventing the spouse from using the milk in the refrigerator or some other product in the house, preventing a spouse from leaving the house during the day by locking her, all under fear of physical harm.

Another form of Domestic Violence, although thought not to be by many, is forcing of sexual conduct on an unwilling spouse, under the fear of harm or being hurt. It is not OK to continue to engage in sexual relations with your spouse if the spouse says no. If the act, continues against the will of the other person, that is called Rape and certainly, a form of Domestic Violence. Husbands and Wives are not automatically allowed to engage in sexual relations with the other unless there is consent of both parties.

There is no rationality to domestic violence. Domestic Violence occurs at every socio-economic level. Wealthy people are abused and are abusers just as poor or middle class people are. Domestic Violence should NEVER be tolerated especially when there are children in the home. Psychologists tell us that if a child grows up in a home where there is Domestic Violence, they will likely act that way when they get older and are in a relationship, whether by allowing someone to abuse them or if they become the abuser.

ALIMONY/MAINTENANCE

Temporary Maintenance – New guidelines were enacted in 2010 for determining temporary support to a spouse, calculation of a spouses income is determined by the Court and a mathematical formula is applied.

Post Judgment Maintenance – The divorce reform act lists 20 factors for consideration by the Court when making such an award.

Consult Ms. WAGNER today to determine if you are entitled to spousal maintenance.

Court

• Preliminary Conference
• Status/Compliance
• Motion Practice

Out of Court

• 4-way meetings