6 Things Not to Do During Your Ohio Divorce
- posted: Apr. 21, 2020
There is no doubt that divorce is one of the most stressful situations anyone can experience. It is, after all, a major life event. If you are thinking about filing for divorce, have just filed for divorce, or have just been served with divorce papers, you no doubt have your hands full with all sorts of preparations. However, you do need to take a few minutes and become aware of certain actions that you are forbidden by Ohio law to take due to a legal instrument called a mutual restraining order, which has nothing to do with protective orders granted due to domestic violence.
- Do not remove your spouse from insurance plans. You might be simply trying to get a head start on the new normal you will be living after your divorce is finalized, but removing your (soon-to-be) ex-spouse from policies such as your health insurance plan is not allowed. In fact, failing to renew many of your current insurance policies, such as auto, home, or life.
- Do not sell large and expensive assets. Another action that is not permitted under a mutual restraining order is “sell, dispose or, or dissipate” any assets; an exception here is your income.
- Do not remove furniture and other household items without permission from either your spouse or the court.
- Do not change the residence of your child or children. An exception here is made if you receive written permission from your spouse or the court.
- Do not threaten, harass, or interfere with the lives of your spouse or your children. On top of violating the mutual restraining order, Ohio recognizes threats of violence that make your victim believe you will cause “imminent physical harm” as domestic violence.
- Do not run up debt in your spouse’s name or through a joint financial account. Additionally, you are not permitted to take any actions that cause a lien or loan to be placed on any piece of real or personal property owned by your spouse.
When the divorce process has officially started in your case, there are things you are not allowed to do because of a mutual restraining order that has been placed on you and your spouse. This is not the same as a restraining/protective order that you are familiar with in the context of domestic violence; a mutual restraining order does not mean that you are not allowed to see your spouse or children or must move out of the marital home.
Across Ohio, mutual restraining orders slightly differ between counties. The best way to make sure you conduct yourself properly and lawfully during your divorce is to seek the counsel of a knowledgeable Ohio family law attorney. Call the practice at 330-664-9919 to see how we can provide you with caring and compassionate legal services.