What are my financial rights in a divorce? 16 Answers as of May 13, 2011

If I move from our existing home and out of state pending divorce. What are my financial rights and how do I protect my existing assets? There are no children.

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You have the right to have all marital property divided fairly, to have debts allocated fairly, and to request spousal support based upon the existence of a legitimate need. These rights are meaningless until you file for divorce, but filing the divorce in Colorado prevents either side from disposing of marital assets without permission during the process of completing the divorce.
Answer Applies to: Colorado
Replied: 5/13/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
File for a divorce, get standing orders in place and if not standing orders, get temporary orders to protect your financial interest.
Answer Applies to: Texas
Replied: 5/10/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
In Washington State, the Court will divide the assets/debts fairly and equitably. You can seek a "financial restraining order" once the divorce is commenced.
Answer Applies to: Washington
Replied: 5/10/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
File for dissolution of marriage and obtain a fair and equitable division of your assets and debts.
Answer Applies to: Washington
Replied: 5/10/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You need to hire a family law attorney to protect your property rights.
Answer Applies to: California
Replied: 5/10/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Your property rights are unaffected by relocating out of state. Anything acquired during the marriage, assets or debts, are deemed marital and capable of an equitable division under law in a divorce.
    Answer Applies to: Minnesota
    Replied: 5/9/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    There are Automatic Orders to protect assets.
    Answer Applies to: Connecticut
    Replied: 5/9/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You need a divorce attorney to help you. This is complicated, and you need expert advice and assistance.
    Answer Applies to: New Jersey
    Replied: 5/9/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    In Washington you would generally have a right to a share of community property and possibly spousal support.
    Answer Applies to: Washington
    Replied: 5/9/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Multiple factors come into play here. The divorce court is a court of equity and will do what it thinks is fair. Length of marriage and cause of the divorce are the two key ones without children. Generally assets used for the benefit of the marriage are subject to division as part of the "marital estate." the ones that are part of the marital estate are already in play. Keep what you can separate. Stay well.
    Answer Applies to: Alabama
    Replied: 5/9/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Where you live doesn't impact your rights to half of the community property and all of your separate property. If you are in my area, contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/9/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Your financial rights don't change if you move out of state during a divorce. However, your ability to handle your part of the divorce and/or to deal effectively with your spouse, your attorney, and the Court may be impaired if you move away during the divorce, so you should consider whether it is worth taking that risk in determining whether or not you move away during the divorce. I don't know anything about you, your income, your spouse's income, the community assets, or the community obligations, so I am unable to assess your "financial rights". You should consult an experienced Family Law Attorney regarding the specifics of your marriage and your situation, to get an assessment of your "financial rights".
    Answer Applies to: California
    Replied: 5/9/2011
    Pisarra and Grist
    Pisarra and Grist | David T. Pisarra
    You have many different rights, but you need to start researching them. I suggest you start by reading my book. Also you can read my book A MAN'S GUIDE TO DIVORCE STRATEGY, available online and as an E-Book on my website.
    Answer Applies to: California
    Replied: 5/9/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Your community property rights in the home are not diminished by moving out of it. To get a comprehensive analysis of your property rights, it would be best to call a local lawyer to discuss all the particular facts in your case. Good luck!
    Answer Applies to: California
    Replied: 5/9/2011
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