SAID Web Page - Sexual Allegations In Divorce

Telltale Signs of Impending Ex Parte', Divorce or Other Legal Actions and Strategy for Defense

A combination of 3 to 4 of the following signs should alert you to real problems in your relationship. You need to take pre-emptive defensive action if these things occur. The time honored adage of "An Ounce of Prevention is worth a Pound of Cure" holds true and could save you a lot of money and heartache.

Your first line of defense is to suggest marital counseling to lay out the issues on the table. During counseling, she may put out a laundry list of things she finds wrong with you, i.e., excuses she has to justify her actions leading to the impending legal action. This is important because being forewarned is forearmed. Most men do not like marital counseling because they believe they should try to solve their problems by themselves or at least try solving it first before getting help. Try to look at marital counseling as an information/intelligence gathering activity that may confirm or deny a potential legal threat to you. If she makes statements to the counselor like "he will never change" or if she declines going to counseling (extremely rare for a woman to decline) then you know something is up. On the other hand, if she takes personal responsibility for her behavior and acknowledges things need to change on her part then you probably have saved the relationship. You need to be prepared however, to make changes yourself. If you love someone, you don't continue to do things that they dislike, it goes both ways.

Bottom line here is that sometimes we make a mistake as to our own true needs in a mate. It is a two way street, both parties have got to be good for each other not just one, otherwise you are in a using relationship that will just suck you dry.

Your second line of defense is to suggest a separation for a period of time to give both of you time to sort out what the problems are and find out what you really want in the relationship. The intensity of her insistence of you moving out may give you some clues as to her intentions. This approach gives you some important cover and time to get an adequate place to stay and get a lawyer ASAP. It also more importantly removes her ability to use the Domestic Violence Act to Ex Parte' you from the residence and keeps you out of the witch trial of an Ex Parte' hearing where you are presumed guilty. Also, in terms of divorce her mutual agreement for you to move out cuts off the charge of desertion. Don't make the mistake of thinking and insisting she needs to move out if both of your names are on the lease or title of the house, remember she can simply charge you with Domestic Violence and have you removed from the house and she doesn't need proof. You are at a tactical disadvantage here, play it smart, yes it is unfair that you have to move out, however, by playing it smart you can at least blunt the upcoming attack. Immediately file for custody and Use & Possession of the house before she does otherwise you will be fighting a loosing battle. Until the laws change tightening up the rules of evidence this is the best you can do.

The information contained on this website is provided free of charge. It is intended for informational purposes only and should not be construed as legal advice or a substitution for obtaining legal advice from an attorney licensed in your state. The transmission of information in this website is not intended to create, and its receipt does not constitute, an attorney-client relationship. For personal legal advice, please consult your attorney.

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