Photo is not actual image of client.
“Monica” relocated to Jacksonville, Fla., from New York in April 2021 to escape years of her husband’s physical, emotional, and sexual abuse.
Married in 2015, the couple had two boys. After they were born in 2019 and 2020, Monica started to see a rapid change in her husband’s behavior. He developed addictions to alcohol and cocaine, and the physical violence escalated.
At first, Monica felt ashamed and embarrassed, but she reached a turning point when the abuse was directed at her children and elderly father.
In March 2021, her husband attacked her 63-year-old father, a disabled veteran, while he was holding their 2-year-old. He snatched the toddler from his grandfather, threw the child at Monica, slammed the grandfather’s head against a wall, and tackled him. The incident in March was not isolated, but it was the catalyst for Monica’s decision to end the cycle of abuse.
Monica packed up the children and drove to Jacksonville, where she waited for six months to meet the residency requirement for a Florida divorce, and then immediately filed for divorce.
Attorney David Sacks in the Family Law Unit at Jacksonville Area Legal Aid provided full representation in the Dissolution of Marriage action. Monica’s primary concern was maintaining custody of the children in Florida. She feared unsupervised visits in New York with the father after discovering that he was a registered sex offender.
Sacks negotiated a Consent Final Judgment that addressed each of Monica’s concerns and surpassed her initial goals. She was awarded sole parental responsibility for the minor children and majority timesharing. Her husband is allowed two visits a year in Jacksonville, and only under the supervision of approved individuals, who are Monica’s family members. Any suspicion of drug/alcohol usage by the father ends visitation. Monica was awarded child support of $731 plus $200 in arrearages per month.
Further, Monica’s maiden name was restored, and she was allowed to change her children’s surnames to her maiden name as well. She can claim both children as dependents on every tax return.
The couple’s home in New York will be sold, and Monica is entitled to a 60% share of the proceeds from the sale and an equalizing payment of $6,000. Her former husband must continue making all mortgage payments until the house is sold. Additionally, if he is behind on child support payments at the time of the sale, arrearages will be deducted from his share of the proceeds.
The judge entered a separate order after the Consent Final Judgment requiring the husband to register for and attend a parenting class within 30 days and file a certificate of completion with the court.
Monica and her children are thriving in Jacksonville. She has a new career and the support of friends and family. She made a life-changing decision to escape, and JALA’s legal assistance enabled her to make that change permanent.
About Jacksonville Area Legal Aid
Jacksonville Area Legal Aid is a nonprofit law firm focused on delivering economic, social, and housing justice to low-income and at-risk individuals and families on the First Coast.
If you are an attorney wanting to volunteer with probate and heirs property issues, contact JALA Pro Bono Director Aaron Irving, at (904) 356-8371, Ext. 363, or Aaron.Irving@jaxlegalaid.org.
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