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Possible restrictions on finances, custody during divorce

| Jun 13, 2018 | Divorce |

Some Texas couples who are getting a divorce may be surprised by the restrictions they face during the process. These restrictions vary from place to place and are largely aimed at ensuring that one parent does not take the children out of the other parent’s reach and that neither spouse spends the marital assets.

However, even one divorce attorney was surprised to learn she could not remove her husband from her health insurance for several months. Cognizant of the costs of medical care, courts want to ensure that people are not abruptly pushed off their health plans. In general, people are also not allowed to do things such as clear out their bank accounts or sell marital property with a divorce looming.

When Angelina Jolie was in a custody battle with Brad Pitt, she found that she could not simply take the children to London where she was filming a movie. Taking the children to another country during a custody battle is generally not permitted without a written agreement, and parents may even be prohibited from taking the children out of state. Law enforcement could become involved, and it might affect a parent’s ability to get custody. It may be best to consult an attorney before making any financial changes or going anywhere with children.

One potential additional complication in Texas is that it is a community property state. This means that most assets acquired after marriage are considered shared marital property, so even the property people think of as theirs could be considered shared by a court. People may be able to work out temporary custody and other arrangements while the divorce is in progress. They may prefer to negotiate a divorce agreement instead of going to court, but if there is a great deal of conflict, litigation might be necessary.

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