Once they begin the divorce process, New York spouses should first consult with their attorneys before making significant changes to their finances or taking certain parental actions. There are various rules and restrictions that come into play during a divorce, and not adhering to them can result in legal complications.
Neither party in a divorce can get rid of or transfer assets without the express consent of the other spouse or a court order. In addition, they are not permitted to remove their spouse’s authorization on financial accounts, sell major assets or fund a large shopping spree on credit cards.
Both parties are allowed to use their finances to pay for necessary expenses, such as groceries, fuel or school supplies for the children. If they engage in any financial behavior after the divorce papers have been filed that may seem suspect, even if they believe they have complete ownership of the assets, they may be required to reimburse their spouse for the excessive spending.
The courts will also be concerned about the location of the children after a divorce has been filed. Neither party will be able to take their kids beyond the state lines without a court order or written agreement from the other spouse. Parents who violate the automatic temporary restraining order may be encountered by law enforcement and face future restricted access to the children.
A divorce attorney could advise clients about what legal strategies may be necessary to obtain desired settlement terms regarding issues such as child support, child custody, asset division and spousal support. Litigation may be used to protect the rights of clients embroiled in disputes regarding agreement modifications or parental relocation.