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divorce lawyers in Orange County; The Maggio Law Firm

How To Safeguard Your Legal Rights While Your Divorce Is Going On

divorce lawyers in Orange County; The Maggio Law FirmDifferent states may have a different set of legal rights for the spouses while their divorce is going on. Usually, the laws of the states ensure that one of the parties involved is not intimidated, harassed or abused by the other party when the divorce proceedings are on. It is important to know what your legal rights are during the divorce.

Your spouse cannot move the minor kids outside the court’s jurisdiction

While some states permit the children to be shifted to a distance of 150 miles, yet they cannot be moved out of that state. After the divorce case has been filed in a state, it becomes the home state of your child or children. So, the courts have jurisdiction over the children’s place of residence. If a partner tries to move away with his or her kids without the permission of the concerned court, he or she may risk losing the custody of the kids.

Cannot hide, dispose of, transfer or damage the assets owned by either both the partners or one of them without the consent of the other spouse or by a family court. Additionally, the court will not look favorably on the destruction of a property.

Do not use credit accounts that are solely in the name of your spouse

Major issues related to finances and who will be responsible for paying what can be safeguarded by filing petitions in the court and through temporary restraining orders. When spouses hold joint credit accounts and one of them are worried about the other running up debt, the former needs to procure the court’s special protection. Splitting the debt is a major issue for the divorcing couples. After all, you will definitely not like to take some steps that will make the process even more complicated. On the other hand, you will definitely not like to rake any step that would result in you becoming more liable for paying off the debts after the divorce gets finalized. The court definitely holds you accountable f you have been using a credit card which is in the name of your spouse only.

You should not deny the rights of the other parents to take care of the kids

Your children may stay with you but that does not mean you will not let your former spouse visit them. You may be entitled to permanent or temporary court orders with respect to issues like your children’s custody and visitation. You should not even contemplate about denying the rights of the other parent to look after the kids.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.



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