While divorces are something no one wants to go through, they do end up happening for couples across the state of Massachusetts. If you find yourself in a divorce process you will want to make sure that you are protected as well as your interests. While you have filed a petition for divorce or separation, a judge can enter orders to protect these interests. For a wife, you can have the court to order your husband to do something while your divorce is pending or to make him stop doing something. Below are some rights a wife has during separation before a divorce that can be court ordered.
If your spouse was the primary breadwinner for your household during your marriage, and you are no longer living together, you may have a right to temporary financial support. This can be put into place until the divorce is final. This temporary support is often called “pendente lite” and it is a legal term that means the order is only good until the terms of your divorce take precedent.
If your separation situation is the opposite, where your husband has moved out, then you have a right as a wife to get help paying the mortgage and other household expenses. Regardless of the incomes on both sides, a judge can order your husband to pay half the mortgage and utilities on a pendente lite basis. Not only does this help with spousal support, it also helps the judge and court figure out asset splitting while the divorce is pending.
If you are worried that your husband will sell certain assets and property during your divorce, you can have the court and judge prevent this. Normally it is a rule that your husband cannot sell any property until a judge decides your share in the final decree of your divorce. If you think this may be something your husband may not follow you can file a “notice of lis pendens” against the property with your county clerk. This will tell anyone thinking of buying that property that a lawsuit is pending against it. This will avoid the risk of your husband going over your head to ask permission to sell any property.
Luckily, in all states your right to financial support for your child if they live with you is paramount. A lot of the time, you can ask for child support before you officially file for separation or divorce. If you don’t file for a divorce then you must file a separate petition to receive child support.
If you are in fear that your husband will take your children out of state or do anything that will harm their well-being, you can file an order to show cause which will stop him from doing so. In some cases, there are automatic stays against removing children from the state as soon as the divorce is filed for. These stays tend to prevent your husband from removing your children or yourself from his health insurance policy.