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Restrictions spouses may face during a divorce

On Behalf of | Jun 13, 2018 | Divorce |

When Missouri couples decide that it’s time to get a divorce, they may find that the actual separation process could take some time. While the divorce is being settled, both former spouses may face certain restrictions that will only be lifted once the divorce is finalized.

For example, both individuals cannot transfer, dispose of or sell property while the divorce is underway. This includes finances and credit cards. Those involved in the divorce are only allowed to use marital funds for essentials such as house payments, groceries or expenses associated with the children. This restriction prevents either spouse from retaliating against each other or from draining bank accounts. Additionally, a person cannot cancel his or her spouse’s insurance, including health and auto policies, during the divorce process. This gives the other spouse time to find his or her own coverage.

Furthermore, any children who are involved may not be allowed to leave the state unless there is written consent from the other spouse or a court order. If the court believes that a parent is a perceived risk after taking the children out of the state without permission, legal action may be warranted.

During the divorce process, an agreement regarding property division must be hammered out. While many former spouses try to work together to settle their divorces quickly, there are some who try to hide assets in order to avoid having to pay more spousal or child support. A family law attorney may investigate potential income or other assets that the other spouse could be hiding and provide the court with evidence.

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St. Louis County Bar Association
Illinois State Bar Association
LEX | The Missouri Bar