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Reasons for legal restrictions imposed during divorce

On Behalf of | Jun 13, 2018 | Divorce

People in North Carolina might view divorce as a pathway to emotional or personal freedom, but the process places both spouses under legal scrutiny. Soon-to-be exes often experience surprise when they learn that the law limits what they can do with their money or where they can travel with children until a court approves the final divorce settlement. Although typically inconvenient, these legal restrictions are meant to protect people from financial loss or violation of parental rights.

Because divorce requires a division of a couple’s financial life, the splitting spouses must refrain from taking out large sums of money, selling property or racking up debts. A court could view such actions as attempts to deny assets to a spouse. When challenged about financial activity, a spouse might have to restore the money so that a court can decide how to divide it.

Health and automobile insurance play an important role in protecting people financially. For this reason, a spouse cannot immediately drop a partner from an insurance policy. This restriction seeks to prevent someone from losing coverage unexpectedly and then facing high bills if an accident happens.

Travel restrictions regarding children have arisen because of the potential for kidnapping. International travel especially raises a red flag for abduction. To avoid a parent calling authorities to report a kidnapping, a spouse needs written consent from the other parent before traveling out of the country or state.

At the end of a marriage, a spouse typically benefits from legal advice because of the many laws that could apply to the situation. A divorce attorney could strive to guide a client through the process. Legal counsel can also manage negotiations regarding child custody and property division.

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