QUESTION

What do I do when I'm pregnant now and want a divorce because he beat me ?/

Asked on Jan 18th, 2016 on Divorce - Wisconsin
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
You raise two issues of serious importance as you begin to think about getting a divorce from  your spouse. On the issue of your spouse "beating you,"  you can file for a civil domestic abuse injunction against him for him to keep away from you and have no contact with you for four years, if the injunction is granted. The injunction carries criminal sanctions if they violate the orders, including incarcertaion and fine. If the assault and battery was serious enough and you needed medical attention, have suffered an injury and are facing medical billls as a result, you have the right to consider filing a cilvil lawsuit against your spouse to sue them for your damages.        In regard to your being pregnant, you will not be able to complete the divorce case until after the baby is born. The normal running time in Wisconsin for a divorce is about 9 months anyhow, so by the time you are ready to completet the divorce, your baby should be here. You don't mention whether there is an issue or not of whether your husband is the father of the child. There is a legal presumption that he is the father, since you are married. If you are claiming he is  not the father, or he claims that, the divorce judge will not let you complete the divorce case until there is DNA testing of the two of you and the baby, to determine whether he is or is not the father. Some divorce judges even take it one step further and in the case where the husband is not the father, will make you complete a paterntiy action to establish legally who the father is, until your divorce case can be completed.        Assuming that your husband is the father and this is not an issue in your case, his battery of you and having engaged in domestic  violence is a factor in both custody and placement issues. The court may award you sole custody (complete decision making) based on the fact that he engaged in domestic violence against you, rather than the typical  joint custody. As for placement, the court may also restrict or order supervised placement with your husband, if they believe he is a threat to you and/or the baby.
Answered on Jan 19th, 2016 at 9:26 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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