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. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

ADVERTISEMENT