As a cast member of the Real Housewives of New York, Jules Wainstein is no stranger to drama. Surprisingly though, Jules’ impending divorce from husband Michael Wainstein filed in June has already been deemed the most dramatic divorce in Housewives history. And while it may be the most dramatic divorce the show and its cast have ever seen, Jules’ situation is actually not all that uncommon out here in the REAL, real world.
According to all of the press that the couple has received as of late, it would seem that Jules caught Michael cheating on her with one of her close friends. At that point Michael was prompted to file a petition for divorce after their eight year marriage. Since then, numerous accusations of domestic violence have surfaced, along with recent pictures of police outside the couples’ apartment.
The real kicker here? Even amongst all of this drama, they are still living together with their two children. It seems as though neither party is willing to move out of their New York apartment because they each don’t want to give up any time with the children. Also according to reports, Michael has completely cut Jules off financially, leaving her desperate and unable to support herself.
If you feel as though you are in a similar situation to Jules and Michael, know that you are not alone and that certain remedies may be available to you. Many couples end up living together during the pendency of their divorce these days for any number of reasons. The reason often has a lot to do with children and a fear that if one spouse leaves the marital residence, that the remaining spouse will cut off contact with the children. Financial reasons are also often a huge factor here. Perhaps a spouse would like to leave the home, but he or she is unable to afford to, either because he or she was the “homemaker” during the marriage, or he or she is employed but not at a sufficient salary to secure alternate housing large enough for them and the children. The reason may be unique to every couple.
If you want to stay in your home and are looking for a court order that your spouse has to leave, you should know the following. You or your attorney can file an ex parte (emergency) request with the court to exclude your spouse from the residence if you can show the court all of the following: 1) you have a right of possession, 2) your spouse has assaulted or threatened to assault you or anyone under your care (e.g. your children), and 3) physical or emotional harm would result to you or anyone under your care if your spouse was allowed to remain. (CA Family Code §6321.) If it’s not an emergency, you or your attorney can also file a regular motion and have a court hearing to exclude your spouse from your home. In order to prevail on such a motion, you must show that physical or emotional harm would result to you or anyone under your care if your spouse was allowed to remain (note that this doesn’t require actual or threatened assault as an emergency order would.) (CA Family Code §6321.)
We understand that even in the best divorce, living with your spouse can be stressful on all parties. In these situations, especially where there is significant tension between you and your spouse or you feel that you or your children are in danger, it is critical to have competent and experienced legal counsel by your side. The attorneys at Bickford Blado & Botros are experienced in resolving these matters in any way necessary, whether it be through custody, support, or exclusive use of residence orders, either by agreement of the parties or with court intervention.
Please contact us if you are considering a divorce from your spouse, a legal separation, or have questions regarding child custody and visitation. Nancy J. Bickford is the only Certified Family Law Specialist (CFLS) in San Diego County who is also a licensed Certified Public Accountant (CPA) with a Master of Business Administration (MBA). Don’t settle for less when determining your rights. Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego.