What Can You Do To Prevent Your Spouse From Taking Retaliatory Actions?
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In this series, we’ve been talking about the three most frequently asked questions that I get, and we’ll go on to discuss the four questions that you should be asking whenever you speak to a divorce attorney.
We are on question number three of our frequently most asked questions. That question is, what can I do to prevent my spouse from taking retaliatory actions against me throughout the divorce process?
In order to answer that question, I’m going to discuss one of the things that often happens when a divorce case gets filed. In Georgia, when a divorce gets filed, most jurisdictions have what are referred to as standing orders. A standing order is an order that arises by operation of law upon the filing of a certain type of case. Most often, those orders are issued directly from the judges in the county in which the case has been filed. The one I talked about the most is Gwinnett County.
For example. Gwinnett County has something called mutual restraining orders and in those mutual restraining orders, there are a number of different types of retaliatory actions that the order specifically prohibits. For example, it specifically states that neither spouse can sell or otherwise destroy any assets. It says that neither spouse can change or cancel insurance without first getting the court’s permission. It states that neither spouse can take any minor children outside of the jurisdiction of the court without first getting the court’s permission. These are some of the things that happen most frequently. Included in that list is also that people can’t cancel utilities which again happens all too often.
Now the important thing to understand about mutual restraining orders is an order is for all intents and purposes this legal obligation somebody has to follow but it appears as just a normal piece of paper and there’s not a piece of paper that’s going to prevent somebody from doing something if they actually are intent on doing it. However, because we have these standing orders, what that does is allow the court to use its contempt powers to address the situation.
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Whether your divorce involves asset and debt division, financial support, or child custody, the mental and emotional toll can be overwhelming. Having a complete and honest assessment of what to expect throughout the divorce process substantially reduces the doubt and uncertainty that many people experience. Gwinnett County divorce attorney David Ward has the experience to know that even the most complex issues have solutions, and he fights to ensure that your best interests remain the focus.
It is vital to pursue legal matters carefully and consciously with an experienced family lawyer like David Ward who will guide and keep you informed as your case progresses. Unlike most divorce lawyers in Gwinnett County, David Ward has a strong background in finance and accounting. He uses his deep understanding of finances to tackle complex situations regarding property and asset division.
We know that there are few situations in life that are more difficult than divorce. The decisions you make early on in your case may affect you and your children’s lives well into the future. We understand the difficulties you are now facing and we want you to know that we are here to help. In fact, our Duluth law firm has been helping folks just like you work through their divorces and family law issues for over a decade. Contact a divorce attorney Duluth or a Gwinnett County family law attorney today at 770-383-1973 to schedule your REAL Case Analysis.
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