Divorce FAQ

Protecting your legal rights would be better if you know what you should and should not do, which is also what your spouse should not do with you. Getting familiar with your rights will conversely inform you of when you are overstepping the boundaries and violating the rights of others.

During a divorce, no party should:

1. Sell, dispose, damage, or hide properties and assets - Before a party can sell, dispose, damage, or give away property, they have to have the other spouse's consent or the consent of the family court.
2. Take children away to a different court jurisdiction - It's against the law to take children away from the court's area of jurisdiction without the consent of the other parent. You can't just go on vacation in another part of the country without having your soon-to-be ex spouse agree to it, in the same way that your spouse cannot take the children away from the area without informing you and getting your permission first.
3. Prevent one party from seeing minor children - If you and your spouse share minor children, whoever has custody of the children must not deprive the other spouse of the chance to see and spend time with your children. That is, unless there is a standing restraining order against one party. For example, if one party was accused of physically abusing his/her spouse or the children, that would be a reason to get a restraining order.
4. Disregard temporary court orders - Temporary court orders are given to resolve issues that need an immediate resolution. For example, if there's a temporary court order regarding alimony/spousal support, there should be no reason why the party who is required to pay would not pay for it. Temporary court orders are given in order to protect legal rights during divorce.
5. Subject the other party to any kind of abuse or harassment - If one spouse starts to threaten, becomes violent, or subjects the other to domestic violence, the other spouse can seek a restraining order.
6. Use credit cards that are under the name of one spouse alone - Some people become so bitter about their divorce or think that the only way to deal with financial problems that they face during the divorce is to use their spouse's credit card. Typically, divorcing couples have their joint credit card accounts cancelled. If you're worried about the things you need to pay during the divorce, you can ask that a temporary court order be made to determine who pays which debts while the divorce isnt' final yet.

If your ex does any of the things above to you, you should talk to your lawyer about how to respond to this. If you're tempted to do any of the things above or similar, know that your ex may use this as ammunition against you during the divorce, and that some of these will have serious legal consequences.