Divorce Rights

When going through a legal event as life changing as a divorce, you should take every precaution to ensure that your rights are protected.  Divorce rights vary from state to state, so it is important to contact an experienced divorce lawyer who can explain the laws in your jurisdiction.

During a divorce, your spouse does not have the right to hide, damage, destroy, or dispose of your property without your consent or the court’s approval. This also applies to potential evidence—you have the right to access financial records, bank statements, and other documents that can be used to help your case. If your spouse purposefully conceals or throws out this evidence, it is violation of your rights.

You also have the right to protect your credit while going through a divorce. Credit cards that are in your name should never be used by your spouse. If you have joint accounts and credit cards with your spouse, you can request a temporary order from the courts to protect your finances.

Your divorce rights include having access to your children. If your spouse has temporary custody, he or she cannot hide your children from you or move them outside of the court’s jurisdiction. Please note that some states allow the custodial parent to move up to 150 miles away from their original location but not out of the state. 

If your spouse begins to threaten, harass, or harm you during the midst of your divorce, you have the right to request a restraining order, which prohibits him or her from calling, emailing, or coming within a certain distance of you.  Your divorce lawyer can help you seek a restraining order if you have found yourself in a dangerous situation.

A temporary divorce court order will also outline your rights throughout the legal process. It is important that both sides comply with these orders. If you believe that the temporary divorce order needs to be amended, your lawyer can help you file the appropriate paperwork with the court.

Always remember that you are afforded certain rights by the government, even during the divorce process.