People’s legal rights during the divorce process may differ from state to state. Therefore, it’s advisable to perform a thorough research of your state’s divorce laws. 

All people have equal rights that are protected by the Bill of Rights. However, it’s important to mention that these rights are also in place during the divorce proceedings. Additionally, all of us have an equal right to use the court system. The Bill of Rights provides us with security from physical abuse, intimidation, or harassment. These laws are created to keep both parties of a divorce action from such behavior.

Protecting your legal rights means that you must follow the state divorce laws. Protecting your legal rights during a divorce process is not much about what you can do, but what you shouldn’t do. Not following the laws of your state will result in a significant hit on your legal divorce rights. Make sure you don’t allow your need for revenge or anger to overcome your senses, and you’ll be fine. 

In case you want to know more details about your legal rights, contact Family and Matrimonial Law Office,8 Manassa Bojczuk, P.C., to schedule a free consultation meeting. 

These are some of the essential restrictions regarding the fundamental legal rights that apply to both parties: 

1. Safety Against Property Damage or Money Concealment

None of the divorce action parties is allowed to damage, destroy, conceal, transfer, or dispose of the property owned by one or both spouses without a prior or family court or spouse’s consent. 

Damaging the property or hiding money may seem like a reasonable thing to do at the moment, but divorce lawyers can discover the fraud attempt, and the court will not like these actions at all, and they will use them against you. 

2. Safety From Hiding or Moving Children Outside of Court’s Jurisdiction

It’s advisable not to hide minor children from one another. If the children live with one spouse, the other one must be allowed to visit. You’ll have either permanent or temporary divorce court orders over the visitation and custody of the children. 

Also, both parties must understand that under no circumstances should they move minor children outside of the court’s jurisdiction. Laws in some states allow minors to be moved up to 150 miles away from home, but they have to stay in the country. Upon filing for a divorce, the state where the divorce was filed becomes a “home state” for the children.

Additionally, that state has full jurisdiction in regards to where the children live. Moving your children without the court’s consent will undoubtedly cost you custody over your children. 

4. Restrictions From Spending Your Spouse’s Money

Never spend the money from credit accounts that belong to your spouse’s name alone. Financial issues, like who needs to pay for what, can only be protected if you petition the court for immediate temporary orders. In case of joint credit accounts, you’ll need to get special protection from the courts. 

Debt division between the spouses is a significant part of the entire divorce process. Avoid taking any action that might complicate the whole process even more. However, both parties wouldn’t want to make an action that might result in more debt to pay after the divorce process is finished. 

5. Safety From Harassment

In case your spouse started harassing you, you’re entitled to ask for a restraining order. Law Enforcement officials will respond to domestic violence calls quickly if there’s an active restraining order. In the case of a violent situation, it’s best to get the help you need as soon as possible.

However, in case you’re the one being angry and if your emotions are running wild, you risk setting yourself up for trouble in court, in case you’ve threatened to harm your spouse. Sending harassing texts or emails won’t make you look good in court, too. 

6. Protection From Disobeying Court Orders

A temporary court order will help you deal with any anxiety that you feel as long as your legal rights are being protected during the entire divorce process. 

All people have equal legal rights, but if you have a temporary court order, you have additional protection from a spouse who might try to cross the boundaries concerning your statutory rights. 

Conclusion

The divorce process can be a heavy burden to carry for either the divorce action party. However, the laws clearly state that the laws are in place to protect both parties from harm. These laws will protect your legal rights, like the right to feel safe from harassment and the right to keep your children within the state boundaries without hiding or moving them from one another.

Additionally, everyone is entitled to the same legal rights that include protection from disobeying court orders as well as protection from concealing money or property damage.