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January 4, 2008

Domestic Violence and Divorce

If you are a victim of domestic violence, you are not alone. Each year, as many as 4 million women in the United States are victims of domestic violence. While women clearly make up the vast majority of domestic violence victims, men and children are also its victims.

Domestic violence includes physical abuse, emotional abuse, sexual abuse and stalking. An abuser's need for power and control is often woven through many domestic violence situations, regardless of the type of abuse.

An abuser may try to control their partner by making threats of physical violence in order to get what they want. They may also exert power over their partner by using the concept of "male privilege" which involves treating their partner like a servant or by making all the decisions and deciding how men and women should behave. Or, an abuser may economically abuse their partner by preventing the partner from having a job, demanding that the partner ask for money or by completely denying the partner access to any family income.

Often an abuser will use separation or divorce as a means to further abuse their partner. Typically, an abuser will use the couple's children to control their partner, threaten to take the children away or use custody and visitation as an opportunity to harass their ex-partner. An abuser may also try to intimidate their partner by destroying property, showing their partners a weapon or by abusing the family pet.

If you are currently living in an abusive situation and you are considering separation or divorce, it is critical that you learn more about these issues and how to deal with your ex-spouse. There are steps you can take to protect yourself and your children. You have a right to be safe and you do not need to compromise your legal rights. There are resources available to you.

December 16, 2007

How To Deal With Telephone Calls From Your (Former) Spouse

On a daily basis, the attorneys at our firm get are bombarded with questions from clients about how to use - or not use - the telephone to communicate with their spouse - or former spouse.

My best advice: use technology. Get an answering machine or set-up a voicemail program with your local phone company. These devices allow you to screen your calls, and you can return the calls of the people who you want to speak to. If your partner calls and curses - or threatens you - you can bring that to court for the judge to hear.

The different telephone companies offer services that may also be worthwhile to you at this point. Consider the following:

Call Tracing: This traces calls so that you can prove to the court who made the call.

Call Blocking: This locks out calls from certain numbers. You can block out or soon-to-be or former spouse.

Dial "69": This identifies the number from which the last call to you originated from.

Call Forwarding: From my own personal experience, this works wonders! I had a call every morning between 2:30 and 3:00 a.m. These calls (and pleadings) both upset me and deprived me of sleep. I forwarded the number to the local police department and the calls soon stopped!

April 26, 2007

When it Comes to Divorce Anger .... Cool It!

When I advise divorcing clients, I encourage cordial and reasonable negotiations - otherwise, the uncontested matter can go south very quickly! What I have noticed, however, is that older clients are often more vindictive toward on another than the younger clients who are divorcing.

When children are grown and out of the house, the new empty-nesters often have fewer reasons to stay together. Resentments boil up. Invariably, one party will say, "I want out...I don't care what it costs, but I don't want him (or her) to get anything."

This attitude invariably results in both sides losing financially. It isn't worth it. If you're in this position and considering divorce, protect yourself and your assets. Have a specific plan as it relates to your home, business interests, insurance, alimony and any of your retirement benefits.

Contact us about your legal matter today!









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