Family Law and Divorce

 

Domestic abuse is defined as a violent confrontation between family or household members involving physical harm, sexual assault or fear of physical harm. Parties involved include spouses/ former spouses, those currently or formerly in a dating relationship, members related by blood or marriage members who have a biological or legal parent-child responsibility.

No one has the right to abuse others. The responsibility of violence belongs to the abuser. It is not the fault of the victim.

Abuse is the misuse of power and control. It is used to gain power and control over another person. Women who are victims of abuse are often isolated. They are verbally degraded and their lives are controlled to a great extent.

Signs of Domestic Abuse:

• Threatening to harm children if does not obey

• Displaying weapons
• Destroying property
• Causing fear by using menacing looks, gestures or actions
• The endangered safety of victim and the children
• Threatening to leave the victim or commit suicide
• Preventing the victim from gaining and keeping employment
• Placing economic constrictions; i.e., Have the victim beg for money

Various means of humiliation:

• Insult in public or private

• Brainwashing, i.e. making the victim think they are crazy
• Goading into guilt
• Defining the roles of men and women

Physical Abuse:

• Battery

• Hair pulling
• Biting
• Slapping
• Confinement
• Forced intercourse
• Sleep and food deprivation

Zawisny & Zawisny can provide counsel on your rights and obtain orders of protection against your spouse or significant other so that you and your loved ones can be safe.

Divorce

When contemplating divorce there are several factors to consider:

When there are children involved that State must be satisfied on the following before a divorce may be approved:

• How will the children be supported and who will have custody
• Who will maintain alimony
•  Visitation rights
 • How much and how long will child support last

What are the grounds for divorce? There must be a specific and valid reasons backed up by evidence. The best evidence lies in pictures: whenever possible take a picture. If your partner has been physically abusive, file a police report. If you are a non-American citizen, take a picture of the infliction, it can be used in court against the inflictor.

• Has one or more party been unfaithful
• Domestic abuse
• No stability in the home
• Marriage did not exist

Length of Time

It can take anywhere from a few months to a few years to get a divorce settlement. The emotions of both parties are proportionate to the length of the divorce litigation. Financial issues are not taken into account with the person who is the cause for divorce, unless alimony is an issue.

Preparation

A Chronological account of the marriage or lack thereof should be prepared and submitted to your attorney. From the moment met, courtship, engagement, marriage, and demise of marriage. It is important to list how long each period lasted and contributing factors to the demise, i.e. physical abuse, substance abuse, lack of financial stability.

Describe what type of life led during marriage:

• Number of residences                                        • Deeds and mortgages
• Income                                                               • Real estate appraisals
• Types of automobiles                                         • Tax returns
• Children's education (private or public)               • Personal financial statements
• Single or double income family                           • Insurance policies
• Gather financial data     

Consult with our experienced divorce lawyer who has successfully handled our clients divorce proceedings.