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Restrictions during a divorce

Once the divorce process has begun, Georgia residents should check with their attorneys before taking certain financial and parental actions. Many restrictions and rules are set in place during a divorce, and violating these boundaries can result in legal trouble.

Neither party is allowed to dispose of or transfer financial assets, not even to apply them to legal costs, without a legal order or the consent of the other spouse. Divorcing individuals are also prohibited from using credit cards to make excessive purchases, selling the home or vehicle or attempting to remove their soon-to-be ex's name from the financial accounts. Both parties can use the financial assets to pay for any necessities, such as food, fuel for their vehicles or purchasing school clothing for their children. If someone makes unnecessary purchases or moves money in a manner that seems suspect, that party may be required to reimburse his or her spouse for the spent funds.

The financial restrictions during the divorce process are established so that spouses cannot use finances as a retaliatory tool against one another. It allows the finances to remain in a fairly constant state so that any monetary issues can be addressed justly.

Another restriction during a divorce is the location of the children. Parents are not allowed to take the children outside of the state unless there is a written agreement with the other parent or the action has been approved by the court. If the children are taken out of the state against an automatic temporary restraining order, that parent may have restricted access to the children.

A divorce attorney may advise clients about their legal options regarding child custody, asset division and spousal support. Litigation may be used to obtain the desired settlement terms regarding parenting time and modifications to current child support orders.

Source: Moneyish, 'These are the unexpected restrictions you can face while getting divorced," Nicole Lyn Pesce, June 12, 2018

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Hecht Family Law
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