It's common to be concerned about a number of pressing issues during the separation period leading up to divorce. One common issue revolves around the family vehicle. While many families have more than one car, the use and ownership of those cars during the separation period can cause an already stressful situation to worsen considerably. To help you understand how the law can step in and help those in need of a transportation intervention during separation, read on.

Disagreements Concerning Cars

If you and your spouse are fighting over the use of a vehicle, you may need to take legal action. One spouse cannot prevent another from using a car you both own during separation. If you anticipate problems or if your spouse is threatening to leave you without transportation, speak to your divorce attorney about protecting your rights. Warring spouses can disagree over many issues, but a spouse that tries to hold the other hostage over any divorce issue, from child custody to property, is squarely on the wrong side of the law. Never allow threats to prevent you from taking action against what might be a controlling and abusive spouse.

Hearings and Restraining Orders

Once your lawyer files a request, the judge will conduct a hearing. During the hearing, the judge will attempt to ascertain who most needs to have use of a vehicle in dispute during the separation period. The following considerations may go into the judge's decision:

• The party that needs the car to go to work.
• The party that has temporary custody of the minor children.
• The party that has customarily used the vehicle in the past.
• The party who is best able to purchase their own vehicle.

Once decided, the judge issues a restraining order dictating the terms of use during the separation period. These orders often contain specific rules about the use of the vehicle for both parties. These orders prevent spouses from selling the vehicle, leaving with the vehicle, from refusing to pay the loan payment or for the insurance on the vehicle, and more.

It should be mentioned that the way the state of residence handles divorce issues will define how property like a vehicle is deposed with a divorce decree. The temporary restraining orders issued during the separation expire upon the decree being handed down and the assignment of property like the car will take its place. If the judge decides that the car you have been using during the separation period is actually the property of your spouse during the divorce, you may need to make other arraignments. Speak to your divorce attorney to find out more about this issue.

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