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Restrictions former spouses may face during a divorce

| Jun 13, 2018 | Divorce |

Going through a divorce with children can be a difficult process for many Virginia parents, especially if the divorce is not amicable. What can make a divorce even more difficult, however, are the restrictions put on the former spouses. These restrictions can affect property, finances and even the ability to travel with the kids.

During the divorce, both individuals are restricted from transferring or disposing of property. This includes the family car, the house and even finances. This divorce restriction is put into place to prevent one spouse from retaliating against the other or from cleaning out a bank account. Both spouses can use funds to pay for the basic essentials, but they may be required to reimburse the other person if they make a major purchase. Furthermore, no assets can be sold unless the spouse consents or if there is a court order.

If the divorce is contested and there is reason to fear that a parent may defy a child custody order, children may be restricted from leaving the state until the divorce is finalized. This means that unless the other parent provides written consent or there is a court order, children cannot be taken out of state for family trips or vacation.

Many people go into a divorce without knowing what to expect. When the restrictions are placed or spouses start to realize that they might get everything they want out of the divorce, reaching an agreement may become even more difficult. A family law attorney may walk a person through the divorce process and determine what can be expected when it comes to the division of property, child custody and alimony. The attorney may also assist with obtaining court orders that allow the children to travel out of state or that allows a spouse to sell or transfer certain property while the divorce is underway.