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Ask Ellen Your Own Question
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Customer Question

my husband drinks and gets verable abusive, sometimes physical. calls my grandson and daughter ni**ers and throws thier things out the door. i want a divorce with him paying for it. i am disabled
Submitted: 5 years ago.
Category: Family Law
Expert:  Ellen replied 5 years ago.

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

Consider filing a restraining order to have your husband immediately removed from your house followed immediately by a divorce action. You can request temporary support during the pendency of the proceeding.

You may consider obtaining a temporary restraining order (TRO) based on fear of physical harm. You may obtained the restraining order without an attorney and without cost.

You will need to go to the local courthouse to obtain the TRO. The clerk will give you the forms and assist you. The judge will immediately sign the TRO if the forms on their face appear that you are in reasonable fear of harm. The sheriff will serve and remove him promptly after the judge signs the orders. After service, if he contacts you, you may have him arrested.

You will want to retain a divorce attorney to file for your divorce. Do not be overly concerned with the cost of your attorney. A good litigator may be able to have your husband pay his fees. You will want to retain the best attorney that your husband's money can buy.

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