Separation, Transportation, And Divorce

Law Blog

When it's time to call it a day with your marriage, you will be entering into a phase that is best described as a transitional time. Separation marks the beginning of the end of your relationship, and it carries with it a period of change and uncertainty. The law offers some protections even before the marriage is officially over, so read on to find out about your rights to a vehicle during separation.

Temporary measures that protect the parties

Even if you've not filed for divorce, there are a group of protective measures available to you. Your partner cannot just leave you penniless with hungry children and with no car to drive, regardless of the circumstances. In some states, these measures take on the form of temporary restraining orders. You may have heard of restraining orders in connection with domestic violence, but this category of orders go far beyond that use. These orders may be automatic, or they might need to be triggered by a court hearing. This is just one good reason to speak to a divorce attorney as soon as possible, even if you are unsure about filing for divorce first. Here are just a few examples of the protections that might be afforded by temporary restraining orders:

1. To protect one spouse from the violent behavior of the other.

2. To prevent one spouse from canceling the automobile insurance of the other.

3. To prevent one spouse from emptying the joint checking or saving accounts.

4. To prevent one spouse from canceling the health insurance policy of the other (if connected to employment).

5. Taking or disposing of a vehicle

Whether it's automatic or through a judge's order, the temporary order remains in effect until the divorce is final.

When there is only one vehicle

Things can get a bit more tricky if there is but one vehicle. The provision works both ways when it comes to protecting the parties, but the judge may consider the following factors in determining who should get the use of the vehicle during the separation period:

1. Who actually owns the car? (the name on the title)

2. Who used the car the most during the marriage?

3. Who has custody of the minor children during the separation period? Judges pay special attention to the needs of children in these situations and are likely to order the custodial parent the use of the car so the child can get to school, doctor's appointments, etc. The judge may consider the financial situations of both parties when making this decision as well. For example, one spouse may have greater financial resources to purchase another car than the other. The welfare of a child, however, trumps all.

To learn more about this issue, speak to a divorce lawyer or visit websites such as http://WWW.TML-LAW.com.

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25 September 2018