QUESTION: What are my financial rights in a divorce if I move from our home and out of state pending divorce, and how do I protect my existing assets? There are no children.
MY ANSWER: Your financial rights don't change if you move out of state during a divorce.
However, your ability to handle your part of the divorce and/or to deal effectively with your spouse, your attorney, and the Court may be impaired if you move away during the divorce, so you should consider whether it is worth taking that risk in determining whether or not you move away before or during the divorce.
I don't know anything about you, your income, your spouse's income, your separate assets, the community assets, or the community obligations, so I am unable to assess your "financial rights", but you may have separate property and community property rights, spousal support rights, and other rights as well.
You should consult an experienced Family Law Attorney regarding the specifics of your marriage and your situation, to get an assessment of your "financial rights".
To protect your assets, you should retain an experienced Family Law Attorney to file, serve, and prosecute a divorce case on your behalf.
Once your spouse is served with the Summons in the Divorce case, the Standard Family Law Restraining Orders on the reverse side of the Summons will be binding on your spouse, including orders restraining your spouse from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without your written consent or an order of the Court, except in the usual course of business or for the necessities of life, and from cashing, borrowing against, canceling, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for your benefit.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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