Dealing with restrictions while a divorce is pending

On Behalf of | Jun 18, 2018 | Divorce | 0 comments

When Tennessee couples decide to divorce, they may prepare an array of financial, social and practical changes and consequences. Indeed, there will be many changes that take place after the divorce is finalized and asset division is completed. However, there are also a number of restrictions that both spouses will have to deal with while the divorce is pending.

After the divorce papers have been filed but before the dissolution of the marriage is final, there is a general presumption that the status quo must be preserved in advance of assets being divided. For example, one spouse might have to keep their future ex on their health insurance plan until the divorce is final. Also, some parents may have a hard time traveling with their children, especially if the travel is overseas or even out of state. In many states, restrictions are immediately imposed once one party files for divorce. Some of the restrictions are more obvious, like prohibitions on selling property or withdrawing large amounts of money from the bank. These restrictions can even apply to sole property like premarital inheritances, so it is important to be careful.

Travel is another complicated matter, particularly when children are involved. Overseas travel is especially difficult when one parent has citizenship, residency rights or family ties to another country where they could ostensibly keep the children without returning. However, even interstate travel can be blocked without a written agreement from the other party or a court order allowing it.

Dealing with a separation can have many unexpected consequences. However, a family law attorney can help a divorcing spouse make sure that they are abiding by all relevant restrictions.