What rules apply to spouses during the divorce process? There are certain rules or duties and responsibilities that are placed upon former spouses as they work through the process of a divorce in North County or Carlsbad. From the moment the divorce petition is filed to the moment the Court issues final orders in your divorce case you and your former spouse are under the purview (control) of the Family Court at the Vista Courthouse.
The local rules work in conjunction with California law to protect each party’s ability to reach a fair and full resolution of all issues contained within the divorce settlement including the division of community property, child custody and parenting time, child support, spousal support, as well as the division of a business interest or retirement interests.
Some of these rules include:
- Neither party may transfer, hide, sell or dispose of any asset or property including real estate without the other party’s written consent or the permission of the court. This does not cover some exceptions such as normal day-to-day expenses or the standard costs associated with operating an existing business. Our experienced attorneys can help to advise you in these distinctions and guide you through the process.
- If there are children neither party can take the children and leave the area or the State of California, or apply for a US passport for the child(ren) without the written permission of the other party or permission from the court.
- Neither party may create or alter an instrument that transfers an asset upon death.
- Neither party may change, cash out, change the beneficiary/beneficiaries or conceal any insurance coverage. This includes life, health, auto, home, renters or disability insurance. If changes are required you must obtain the written consent of the other party or an order from the Court to do so.
- In addition, the parties owe each other a “fiduciary duty of care” to act in the other’s best interests. These rules apply to spouses during the divorce and carry a heavy weight with our local family law court. Violation of these orders or rules will result in severe consequences.
If you are considering a divorce in North County or Carlsbad, or attempted to file one on your own and have become bogged down in the process or are at odds with an uncooperative spouse we invite you to protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.