ILNews

Housing can cause conflicts in divorces

Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Focus


There is often obvious animosity between a husband and wife who are divorcing, and for those still living under one roof, more problems can arise. One person might think of what he or she could do to oust their partner from the residence - no easy feat if the other party has nowhere else to go or simply doesn't want to leave.

In Indiana, this rarely happens before a preliminary hearing, unless there's domestic violence that leads to the granting of a protective order, Indianapolis family law attorney Patty McKinnon said.

In a typical divorce, she said, "Neither party has exclusive possession of the house, pending the preliminary hearing. The same applies to neither party having sole custody, or receiving child support, prior to a court order. Most attorneys tell their clients, 'We need to wait until the hearing occurs to get possession of the house.'"

She said attorneys will tell their clients the same thing for an order regarding custody, parenting time, or child support.

"So, virtually everything is up in the air until a preliminary hearing occurs," she added.

Typically, in Marion County it has been her experience that it can take three to four weeks, if not longer, for a preliminary hearing to take place, she said.

"So, is this an issue for the divorcing parties? Yes. Is there something the attorney can do about it prior to preliminary hearing? Not unless the client files for a protective order" that specifies one party be evicted.

She added this could also happen if the parties reach an agreement, in writing, to give one or the other possession of the house.

The Protective Order Pro Bono Project of Indianapolis, which is part of the Indiana Coalition Against Domestic Violence, has had more clients in the past six months or so who have sought help after putting off divorce filings because of the economy but have reached a point where it's no longer safe to be in the same residence as an abusive partner, according to Kerry Hyatt Blomquist, legal director of ICADV and director of the POPBP.

While putting off a divorce might make sense for financial reasons - it is expensive to hire a divorce attorney and it's not always easy to sell a house in the current market without taking a loss - a bad economy is also something that can make an already volatile situation worse because of the stress of financial hardship, job loss, or the possibility of losing one's home.

In situations that do involve a married couple going through a divorce, Blomquist said it's not the norm but once in a while a client will ask for exclusive possession of the house. However, in most situations she and others at the POPBP will strongly encourage the victims to seek shelter instead of staying in the same place while trying to evict their partners.

"Indiana Code is drafted after the model code of family violence, which provides for circumstances allowing for economic relief. It doesn't make sense to revictimize a victim of violence by making that person leave," she said. "It's a viable remedy as is child support and restitution and other forms of relief."

She added, "Domestic violence advocates will say it's nice to have that available in some situations, but when there's high lethality, we will always recommend the person to go to a shelter."

Getting a person into a shelter is just part of the process, she said. She added that while many shelters are full at least partly because of the bad economy that doesn't mean there is nowhere for victims to go to be safe.

"We will find a place," she said. "We're planning holistic safety. I have to think, 'Am I empowering this person to live without them?' That might not be the case if they are staying in a house or apartment they can't pay for by themselves. Even if the person is benefiting in some way by staying, that sort of defeats the purpose in the long run."

There have been some exceptions, including a woman from the Middle East who was living with her husband who was abusive and rarely let her leave their home.

"She was beaten with a belt ... and emotionally abused," Blomquist said. "She was precluded from having a driver's license or money of her own. She was married to a wealthy guy who owned a big house and apartment complexes. ... Because she had been completely isolated, once we got a protective order we did request he be evicted. Her home was the only place she felt she could be safe, and he also had other places he could go to."

Blomquist said, "They all have to be looked at on a case-by-case basis. I never want to give the impression that it's a readily available remedy. ... People will think, 'I don't have to file for divorce, I'll just get a protective order,' and that takes it away from the victims who really need it."

She added the conflicts that arise during the process of going through a divorce should also be considered by family law attorneys and the courts that hear their cases.

"I don't think very real domestic violence issues are considered as much by family courts as they should be. ... The vast number of relationships that end do not end cheerfully. There is a lot of potential for very real danger in a highconflict divorce," she said.

She credited family law lawyers on the whole for recognizing the difference between cases that are "full of conflict and those that are unnecessarily or illegally dangerous," but added, "I wish we got more calls. We can provide statistics, and free expert testimony about domestic violence and patterns of behavior."

Because it's a statewide organization, she said, she and her co-workers can provide attorneys with contact information for agencies all over the state.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

ADVERTISEMENT