Stay in Your Home During a Divorce

 Posted on December 24, 2013 in Family Law

Spouses are frequently court ordered out of their own homes during a divorce because of some act of violence or threat of violence.

Simple as it sounds it may be irresistible for some Not to touch their soon-to-be ex spouse without their consent while they're still living together And a divorce is about to be or has been filed.

Violence means any touching of your  spouse without their consent. Physical contact includes  hitting, pushing, shoving, or even attempts to kiss or make love without the consent of your spouse. Likewise No threats to do any of the above are allowed.

Strange as it sounds your spouse may be trying to set you up to make it appear as though you are an abuser to get a court to order you out of your own home while the divorce goes on.

Self Defense

Don't be misled into thinking that you can claim that you acted in self defense. This might be the truth but it is a roll of the dice to determine whether the Judge believes you or your soon-to-be ex spouse. Self defense or not, no physical contact. Keep a line of retreat.

If it appears as though your spouse is picking a fight with you: have an exit strategy. A door, a window or any form of escape if necessary will do. If you sense something is about to happen, it usually does.

If necessary leave home at least temporarily. Keep an audio recorder on you at all times.

Your smart phone recorder will do fine. Tell your spouse that you are recording them if you if you think you are being verbally attacked in order to instigate you to physical violence. In Illinois, you cannot secretly audio record your spouse. On the other hand, if you announce that you are going to start recording and your spouse continues verbally attacking you,  there is implied consent to the recording.

Your spouse will nine times our of 10 simply stop the verbal attack. Then walk away from the argument. After awhile simply showing the recorder to your spouse will silence any further verbal attacks. You need to check your state laws to see if this is permitted however.

Tell your divorce lawyer that your spouse has attempted to set you up to have you Court ordered out of your own home and have that lawyer obtain a court order against your spouse preventing any further attempts. See the current controversy over Illinois Eavesdropping Law.

Stay in Your Home

Spouses are frequently court ordered out of their own homes during a divorce because of some act of violence or threat of violence.

Simple as it sounds it may be irresistible for some Not to touch their soon-to-be ex spouse without their consent while they're still living together And a divorce is about to be or has been filed.

Violence means any Touching of your  spouse without their consent. Physical contact includes  hitting, pushing, shoving, or even attempts to kiss or make love without the consent of your spouse. Likewise no threats to do any of the above are allowed.

Strange as it sounds your spouse may be trying to set you up to make it appear as though you are an abuser to get a court to order you out of your own home while the divorce goes on.

More on Self Defense

Don't be misled into thinking that you can claim that you acted in self defense. This might be the truth but it is a roll of the dice to determine whether the Judge believes you or your soon-to-be ex spouse. Self defense or not, no physical contact. Keep a line of retreat.

If it appears as though your spouse is picking a fight with you have an exit strategy. A door, a window or any form of escape if necessary will do. If you sense something is about to happen, it usually does. If necessary leave home at least temporarily. Keep an audio recorder on you at all times.

Your smart phone recorder will do fine. Tell your spouse that you are recording them if you are you think you are being verbally attacked in order to instigate you to physical violence. In Illinois you cannot secretly audio record your spouse. On the other hand, if you announce that you are going to start recording and your spouse continues verbally attacking you there is implied consent to the recording. Your spouse will stop the verbal attack. Then walk away from the argument. After awhile simply showing the recorder to your spouse will silence any further verbal attacks. You need to check your state laws to see if this is permitted however.

Tell your divorce lawyer that your soon to be divorced spouse has attempted to set you up to have your Court ordered out of your own home and have that lawyer obtain a court order for you preventing any further attempts. See controversy over Illinois Eavesdropping Law. Remember it is easy to get angry but hard work to stay in your own home during a divorce.

If you are in need of divorce, contact a Hinsdale family law attorney at Martoccio & Martoccio. Call 630-920-8855 for a free consultation.