Just because you are getting divorced doesn’t mean that your responsibilities to one another are over. You both have an obligation to protect your marital assets. You can’t go on a spending spree or start hiding marital assets. It won’t work. There’s always a paper trail, and I have yet to meet a client who was smarter at hiding assets than any half-decent private investigator (or intrepid spouse) couldn’t find using the internet and some good old-fashioned detective work. Transfers to family members are automatically suspicious. Don’t bother. Be honest. You’ll get through the whole process much more easily. You cannot cancel your spouse’s insurance, stop paying ‘their share’ of the bills when you’ve always been the primary breadwinner, and otherwise change the way things had been prior to the filing for divorce. A good rule of thumb is if it seems wrong it probably is wrong. If you wouldn’t want it done to you, don’t do it to your spouse. This is not a time for one-upmanship or spite.

A Restraining Order (or Injunction for Protection Against Domestic Violence, as it is formally known) is sometimes necessary in the context of a divorce proceeding. These injunctions are covered by a separate statute, Chapter 741. If you have been the victim of domestic violence, it is essential that you disclose this at our first meeting. No one deserves to be the victim of domestic violence. If you believe you are in need of such a restraining order, advise the office immediately after you’ve contacted the police or gone to the Emergency Room, if applicable. It is not necessary for you to have an attorney to go with you to obtain the temporary injunction (which expires within 15 days), as there will be no hearing. The Judge will decide whether you’ve met the requirements from the Petition for Injunction that you will fill out at the Courthouse. However, you may want representation when you appear at the hearing that the court will schedule to determine whether the temporary injunction should be made permanent. If your spouse has filed for a restraining order against you, it is essential that you have representation at the hearing. However, this office does not represent defendants in criminal domestic violence cases (if you were arrested for domestic violence), but does represent defendants in civil domestic violence cases (where you weren’t arrested, but were merely served with a temporary injunction for protection against domestic violence).