In Flint MI divorce court, nobody has a right to hit you.

FLINT DIVORCE LAWYER BANKERT COMMENTS ON KIM KARDASHIAN AND DOMESTIC VIOLENCE. POINT OF VIEW:IF THIS HAPPENED IN MICHIGAN.
4/26/2010

Terry Bankert a Flint Michigan Divorce Attorney comments on the following celebrity domestic relations and the issue implications from a Michigan Family Law view.

DOMESTIC VIOLENCE
New divorce court papers reveal Kim Kardashian's tumultuous relationship with ex-husband and music producer Damon Thomas, including the claim that Thomas punched Kardashian in the face and slammed her against the wall. [1]

DID YOU KNOW: Domestic violence happens when one household member , spouse , romantic interest or just room mate, chooses to use a pattern of physical assaults, threats of violence, and emotional abuse to maintain power and control over another.

Americas 50 states all have statutes authorizing courts to issue orders of protection to domestic violence victims.



NO POLICE CALLS, NO PPO
Why no police reports? Abject fear. "I thought about calling the police but was afraid and decided not to do so," Kardashian reported.[4]

In Michigan, a victim of domestic violence has the option of obtaining a personal protection order (PPO) to stop abusive behavior. PPOs may order a stop to specific actions, such as assaulting, attacking, beating, molesting, stalking, or wounding the petitioner. Additionaly, they may prohibit entering specific premises, usually including the petitioner’s home and place of employment. PPO’s may also prohibit the removal of minor children from the legal custodian, purchasing or possessing a firearm, and any other act that interferes with the petitioner’s personal liberty or that causes a reasonable fear of violence.


CONTROLLING
The papers also claim that Thomas gave her $3,650 to get liposuction, because he wanted her to be "perfect." [1]

During their divorce in 2004, Kim revealed in a sworn testimony that she was instructed to have liposuction, was treated like a maid and that music producer Damon had threatened to kill her.[3]

DOMINATING
"Damon decided what we would do and when we would do it. He was very much the 'King of the castle," Kardashian stated in the documents. [1]
THEATS OF VIOLENCE TO HER FAMILY
"He threatened to kill me, my family members and the guys that I am dating."
But that wasn't the only threat against her life, he repeated it at least 12 times. "At this point, I am frightened by the stories that are repeated to me." [2]

INDICATORS OF DOMESTIC VIOLENCE
Domestic violence is a pattern of behavior whose purpose is to establish power and control over another person through fear and intimidation, often including the threat or use of violence. National Coalition Against Domestic Violence, at http://www.ncadv.org.
Domestic Violence is not limited to physical violence, abusers may use many forms of control against their partners, including
isolation from friends and family;
verbal abuse (belittlement, taunting);
intimidation (destroying property, abusing pets, displaying firearms);
economic abuse (controlling access to money, preventing or interfering with employment);
coercion (threatening to commit suicide or to report incidents to protective services);
use of the children (harassment during parenting time, threatening to kidnap the children);
sexual abuse; and
stalking.


SHOULD SHE HAVE SOUGHT A PPO?

Nobody has a right to hit you. But you have to act. A PPO is one way.

PPOs have two types that may be issued, depending on the relationship between the parties. A domestic relationship PPO enjoins certain assaultive and threatening behaviors when there is a domestic relationship between the parties. A domestic relationship exists if the parties are or have been married, have had a child in common, have lived together, or have dated.

WHAT BEHAVIOR CAN A PPO STOP OR AT LEAST GIVE THE POLICE A REASON TO ARREST?
What acts may a domestic relationship PPO restrict? Petitioners may request that the court prohibit respondents from the following:
(a) Entering onto premises.
(b) Assaulting, attacking, beating, molesting, or wounding a named individual.
(c) Threatening to kill or physically injure a named individual.
(d) Removing minor children from the individual having legal custody of the children.
(e) Purchasing or possessing a firearm.
(f) Interfering with petitioner’s efforts to remove petitioner’s children or personal property from premises that are solely owned or leased by respondent.
(g) Interfering with petitioner at petitioner’s place of employment or education or engaging in conduct that impairs petitioner’s employment or educational relationship or environment.
(h) Having access to information in records concerning a minor child of both petitioner and respondent that will inform respondent about the address or telephone number of petitioner and petitioner’s minor child or about petitioner’s employment address.

(i) Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code (stalking).
(j) Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence.
MCL 600.2950(1).



SHORT TERM MARRAIGE
The two were marred in Las Vegas when Kardashian was 19, Thomas 29. They divorced three years later.[1]

Posted here by
Terry Bankert
WWW.ATTORNEYBANKERT.COM



SEE

[1]
http://abcnews.go.com/Entertainment/slideshow/survivors-abuse-7057338
[2]
http://www.hindustantimes.com/Kardashian-s-bad-marriage/H1-Article1-535226.aspx
[3]
http://www.mirror.co.uk/celebs/news/2010/04/24/court-papers-reveal-kim-kardashian-s-abusive-four-year-marriage-115875-22208181/
[4]
http://www.sheknows.com/articles/814830/kim-kardashian-papers-detail-abuse-at-hands-of-ex-1

Divorce process, divorce petition and the famous.

Flint Divorce attorney comments.
Lawyer advice on the issues of the "Carrere Divorce".
Divorce law and procedure if it was filed in Michigan.

FILING FOR DIVORCE

Wayne's World star Tia Carrere has filed for divorce to end her seven-year marriage.
Grounds for divorce in Michigan. What divorce paperwork was necessary?

“[T]here has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”

In Michigan divorce procedure if she had filed here Tia Carrer may not include any other explanation of the grounds in the complaint. Here we are talking about filing for divorce. Her Husband Simon Wakelin could then admit or deny the grounds. The court may consider an admission but is not bound by it in its final deliberation.

The initial Michigan and Flint divorce documents in cases without children would be a summons, a complaint, filing fees, and a record of divorce or annulment (some counties require filing at the time of entry of the judgment).This will not be a cheap divorce.

If Carrere and Wakelin had minor children or a request for spousal support, a verified statement must be served on the other party and provided to the Friend of the Court. She did not have to state many reasons for the divorce. The initial filing for a divorce with minor children must also include information about custody proceedings and the names and birth dates of the minor children.

When getting a divorce in Michigan and Flint the Divorce petition or complaint must include the following:

The statutory grounds for divorce, without further explanation.

The parties’ complete names and their names before marriage.

Residency information.

Whether a party is pregnant.

The required case caption language .

Whether there are minor children of the parties or minor children born during the marriage.

The complete names and birth dates of any minors involved in the action, including minor children of the parties and all children born during the marriage.

Whether there is property to be divided.

If a request for protection of property is made, facts sufficient to support the relief requested.

If spousal support is requested, a showing of the need for support and the other party’s ability to pay.

If there are minors or a request for child support, whether any Michigan court has continuing jurisdiction over the minor and, if so, the court and file number.

Children and divorce create additional requirements. If custody of a minor is to be determined, the following must be included in the complaint or in an attached affidavit: (1) the child’s present address, (2) places where the child has lived within the last five years, (3) names and present addresses of persons with whom the child has lived during that period, (4) whether the party has participated in other litigation concerning the custody of the child in Michigan or elsewhere, (5) whether the party knows of a proceeding that could affect the current child custody proceeding, and (6) whether the party knows of a person who is not a party to the proceedings who has physical custody of the child or claims custody or parenting time rights.

Filing fees may be waived. Fees and costs must be waived or suspended for persons receiving public assistance and indigent persons. The judge may hold a hearing to determine if the person is indigent.

LONG OR SHORT TERM MARRIAGE. HE MAY THINK ITS CHEAPER TO KEEPER.NO MATTER TO HER SHE IS GETTING A DIVORCE.

In a Michigan and Flint contested Divorce , spousal support is a useful tool, especially when the attorney is representing a spouse in a long-term marraige or where there is a substantial disparity in income between the spouses. When a Flint divorce terminates a long-term marraige spousal support is used in its traditional sense as support and maintenance of a former spouse who is unable to support himself or herself at a comparable standard of living due to years of financial dependence. The longer the marraigethe older the recipient; the less able the recipient is to support himself or herself due to lack of education, job skills, or on-the-job experience; the more likely spousal support is to be awarded.
　
NO FAULT NON FOWL

The actress filed papers in Los Angeles on Friday, citing irreconcilable differences for the split. [1] She is wondering what conditition her condition is in.

Most in Divorce have heard of no-fault divorce. The phrase no-fault divorce means it is not necessary to prove fault by a party—for example, infidelity or abuse—for a divorce to be granted. However, the court may consider fault in determining the distribution of property and in ruling on spousal support.
　
REPRESENT YOUR SELF

The Waynes world star 43 is acting as her own attorney.[2]
　
Many People in Michigan and flint Divorce represent themselves or appear in pro per.
Why:

Lack of funds to hire attorney

Distrust of attorneys

Inability to secure counsel as indigent due to lack of programs and/or

conflict where legal aid represents spouse

Stated intent to keep things “friendly” through divorce, etc.

Maximum preservation of marital assets for division (avoid attorney fees even if they can be afforded).

Failure to adequately understand pitfalls of self-representation
　
She wed photographer Simon Wakelin, her second husband, on New Year's Eve in 2002.

SOLE CUSTODY PHYSICAL AND LEGAL

Carrere is asking for sole custody of the couple's four-year-old daughter, Bianca. [1]

The term physical custody, as commonly used by the court, typically focuses on where the child resides. MCLA 722.26a(7)(a).
　
Legal custody is the authority to make important decisions regarding the welfare of the child. Wellman v. Wellman, 203 Mich App 277, 512 NW2d 68 (1994). Price v. Price, Westlaw 1609013, unreported, decided December 14, 2001

The court must make findings on this issue before deciding custody.
Statutory standard.

There is an established custodial environment if over an appreciable period of time, the child naturally looks to the custodian in that environment. The court must also consider

the age of the child,

the physical environment, and

the inclination of the custodian and the child as to the permanency of the relationship.

The court makes a factual determination regarding whether there is an established custodial environment; the court is not bound by the parties’ stipulation.
Determine burden of proof.

If there is an established custodial environment, a change of custody may be made only on clear and convincing evidence that the change is in the best interests of the child.

If no established custodial environment exists, custody may be changed on showing by a preponderance of the evidence that the custodial arrangement is in the best interests of the child.

Effect of certain facts.

Prior custody orders—mere existence does not create an established custodial environment.

Custodial parent voluntarily relinquishes custody—all factors must be examined to determine if a new custodial environment is created. Public policy encourages a parent with difficulties to temporarily relinquish custody to resolve his or her problems.

In prejudgment cases where the parties are residing together, the judge makes the determination on a preponderance of the evidence.

The best interests of the child is the standard used in custody disputes between parents, agencies, and third parties.

The court must consider each factor and make findings on the record.
The factors need not have equal weight; the court determines the weight of each factor.

Factors.

(a) The love, affection, and other emotional ties existing between the parties involved and the child. This factor focuses on the emotional bond that already exists between the parent and the child.

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any. This factor tries to project the parent’s ability to foster an emotional bond in the future, and the parent’s impact on such matters as education, guidance, and religious training.

(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes. This factor focuses solely on the permanence of the family environment, not the acceptability of the home or child care arrangements.

(f) The moral fitness of the parties involved. This factor evaluates the parties’ moral fitness only as it relates to how they will function as a parent and not as to who is the morally superior adult.

(g) The mental and physical health of the parties involved. This factor should not impair or defeat the public policy goal of integrating disabled persons into the mainstream of society.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference. The court must take the preference of the child into account if it decides that the child is old enough to express a preference. The court is not required to disclose the child’s preference. The child’s preference does not automatically outweigh other factors; it is only one element used to make the determination.

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

( l ) Any other factor considered by the court to be relevant to a particular child custody dispute. The court may not consider the race of a parent’s spouse in considering whether to change custody.
　
PRE NUPTIAL AGREEMENT

The couple have a pre nuptial agreement.[2]

In a Flint Divorce Court MCLA 557.28, MSA 26.165(8) provides that a contract that relates to property and that is made between persons in contemplation of marriage remains in full force after the marriage takes place.

The Michigan Supreme Court recognized, in the early case of Hockenberry v Donovan, 170 Mich 370, 136 NW 389 (1912), that marital agreements will be enforced if the parties to the agreement are mature and have a full understanding of the agreement and no fraud is involved. Marriage, as well as the waiver of property rights, constitutes sufficient consideration to support the contract. Id. at 380.

The leading Michigan case on marital agreements that govern the distribution of property at death is In re Estate of Benker, 416 Mich 681, 331 NW2d 193 (1982). In Benker, the court affirmed that such antenuptial agreements are generally favored by public policy. However, the court also noted that there must be a fair disclosure of assets by both parties for the agreement to be valid. The court said premarital agreements “give rise to a special duty of disclosure not required in ordinary contract relationships so that the parties will be fully informed before entering into such agreements.” Id. at 689
　
NOT THE FIRST TIME

The actress' first marriage to Elie Samaha also ended in divorce after seven years. She split from the producer in 2000.[1]

Posted here by
Terry R Bankert a Michigan/Flint Divorce lawyer

http://attorneybankert.com/


To Find your Michgian County Court House go to

http://dumpmyspouse.com/


see
[1]
http://jam.canoe.ca/Television/2010/04/03/13453311-wenn-story.html
[2]
http://www.people.com/people/article/0,,20357726,00.html?xid=rss-topheadlines