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Case Results

Post-Divorce Complaint for Out-of-State Removal

Representing former wife in post-divorce action for Removal, seeking permission to relocate to another state.    Father opposed Mother’s complaint for removal and sought to prohibit Mother from moving out of state with the parties’ minor child.  The matter was tried.  Mother was granted permission to move.

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Complaint for Modification of Custody

Representing the former wife (Mother) in a post-divorce complaint for modification, seeking to modify existing judgment granting husband (Father) joint legal custody and parenting time with two minor children of the marriage.     Mother alleged that Father was abusive, suffering from substance abuse and mental health issues.  Mother alleged that Father was incapable of safely caring for the children.  Extensive cross examination of court appointed guardian ad litem.  Result in Mother’s favor.  Mother granted sole legal and physical custody of the children after trial. Father granted restricted supervised parenting time with professional supervisor at Father’s sole expenses.

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Restraining Order

Representing the defendant (male).   Female sought and obtained emergency restraining order, claiming that approximately two months prior she was forced to have sexual intercourse with the defendant and that she was physically and emotionally harmed during alleged incident.   The defendant opposed the issuance of a temporary order at the ten day hearing.  The court heard testimony.  The complaining witness was subject to cross examination.  She acknowledged inviting the defendant over to her residence, exhibiting aggressive sexual behavior during the alleged incident, texting and continuing to spend time alone with the defendant voluntarily, following the alleged incident, resulting in the order being vacated.

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Divorce matter military disability pay excluded from marital estate

Representing husband.   The parties were married for 35 years, with two adult children.  The husband served in the military and was stationed in Vietnam prior to the marriage. The husband received a military retirement pension as a result of his service and was later determined to be 100% disabled, at which time he commenced receiving disability pay in lieu of retirement pay.   At the time of the divorce the husband was receiving disability pay as well as a firefighter’s pension, each of which were providing a stream of income to the parties.   The wife argued that she was entitled fifty percent of the pension and disability pay.   Husband argued successfully that pursuant to federal law, states are prohibited from treating disability pay as a martial asset subject to division, and thus the husband was entitled to retain the entire pension.

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Cross harassment orders by dueling neighbors

At the commencement of the case, only one party ultimately obtaining an order against the other, at which point, Attorney Gabriel was retained by the unsuccessful party.  Motions for re-hearing and motions to vacate the order were presented and allowed by the court.  After a second evidentiary hearing was granted, our client was allowed to present further evidence and witness, we were successful in having the vacated order reinstated.  Ultimately both orders were vacated retroactively.

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Post-Divorce Custody and Child Support Modification

Representing the former husband.  The parties were married for 22 years.   At the time of the divorce and in all proceedings thereafter, Father was represented by Attorney Gabriel. The parties had four children.  The Father was ordered to pay a substantial amount of weekly child support to the Mother.  A permanent alimony waiver was negotiated through the divorce action, whereby Mother received an additional sum from the Father’s share of the proceeds from the sale of the martial home and forever waived alimony.  After the divorce, Father filed a modification seeking a change in custody of two of the parties’ four children.   The matter went to trial. Father was successful and his child support obligation was reduced.   Thereafter, Father filed a second complaint for modification seeking custody of the parties’ two youngest children.  The matter proceeded to trial.  Father’ complaint for modification was successful. Father’s child support obligation was terminated and Mother was ordered to pay child support to Father.

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Small Business Subject to Division of Assets in Divorce

Representing husband.  Long term marriage.  Husband was a state employee. Wife owned and operated a successful family business which was a marital asset, subject to division.  Parties each engaged valuation experts for purposes of determining income and value of wife’s business. Extensive discovery conducted.  Valuation and income assessment, including determination of various perquisites received by wife, resulted in favorable settlement for husband, in lieu of trial.

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Complaint for Modification

Representing husband.  Defending against former wife’s Complaint for Modification, seeking sole legal custody and supervised restricted parenting for former husband.  The parties had minor children.  The court appointed a guardian ad litem with authority to make recommendations to the court regarding the care and custody of the minor children.   The matter went to trial which lasted 8 days.  The guardian ad litem (GAL) was strongly in favor of the wife’s position.  Father’s parenting time was severely restricted during the pendency of the action.  Extensive cross examination of the GAL, resulting in severely diminished credibility.  At the conclusion of the trial Father’s parenting time and legal custody were restored to pre modification status.

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