When a divorce is threatening, the number of important issues can quickly pile up. You and your spouse will need to make some decisions about property and some of those decisions should be accomplished sooner rather than later. During separation, certain items of property should be addressed using temporary orders. These orders can apply to a number of issues, such as child custody, spousal support, and use of the family's vehicles. Read on to learn more.
Restraining Orders
This type of order is not just used for domestic violence issues, they are also used to address things like the use of a car during the separation period. Speak to your divorce attorney about how your state protects divorcing parties in regard to transportation. In some cases, hearings precede these orders. When it comes to issues during a divorce, these orders are meant to deal with all manner of both protective and preventative measures. If you even suspect that your spouse would take advantage of your situation and leave you without a vehicle to drive, speak to your attorney. Temporary restraining orders could prevent the following bad behavior:
1. Preventing a spouse from leaving with the car.
2. Preventing a spouse from selling or giving away the car.
3. Preventing a spouse from canceling the automobile insurance covering the car.
4. Preventing a spouse from failing to make the payments on the car loan.
Needless to say, it's best if spouses work together to create a plan for use of the family cars during the separation so that a judge's ruling is not needed.
When Couples Cannot Agree
If the vehicle issue becomes contentious, a hearing must be held. Since not being able to agree on such a matter does not make a quick and easy divorce seem very likely, it's better to have some orders in place to prevent problems. In making a decision about who should have use of the car, the judge will probably look at the totality of the situation to make a decision. Some factors used might be:
1. Which party has had use of the vehicle in the past?
2. Which party needs the car to go to work or to school?
3. Which party owns the car?
4. Which party is paying the loan payments?
5. Which party has temporary custody of the children?
6. Which party is best financially-situated to purchase a vehicle?
It's vital to protect your right to a vehicle — even during separation. In many cases, the temporary orders handed down during the separation become part of the permanent decree. To learn more about the vehicle issue, find divorce attorney services near you.
Share21 March 2019
Family attorneys are hired to help families through all sorts of things. Everything from divorce, child custody and adoption can be handled by a family attorney. If you are planning to adopt a child, you will need an attorney to help ensure that everything goes well. There are so many documents that need to filed, inspections to be performed and approvals to receive. This blog will cover all different kinds of cases and situations that a family attorney may be able to help your family with. Everything from the good to the bad will be discussed right here on my blog.
