Posted by Jeremy Swanson
On August 04, 2015

“Automatic Restraining Orders in Divorce Cases”

“Automatic Restraining Orders in Divorce Cases”

Immediately upon the filing of a Petition for Dissolution of Marriage, automatic property restraining orders immediately come into play. If you have filed for divorce and wish for these restraining orders to be enforced, you should immediately have your ex-spouse served with the Summons which contains theses orders to put them on notice.

What is included in these orders?

*A prohibition on removing minor children from the state without the consent of the other party or a court order.

*A prohibition on changing insurance policies, including life insurance, health insurance, and car insurance, among others.

*A prohibition on using, disposing of or concealing community property assets of any kind, except for in the usual course of business or for the necessities of life.

*Creating a transfer of property title without the consent of the other party or a court order.

Oftentimes, there are questions about what is or is not allowed under the orders. If you have any question on these issues, you should contact an attorney BEFORE making a change. If you make a change that the court deems to be in violation of the orders, you can be held responsible for all costs incurred. This can include, for instance, the medical bills of the other party if you erroneously cancel insurance without court permission.

If you have an insurance change that is not voluntary– that is, that you have no control over–you must notify the other party immediately so that they are aware of the coverage change.

The best way to think of the automatic restraining orders is that the court puts a freeze on making any major change to your financial situation until either (1) there is an agreement on the issue, (2) the court approves the changes, or (3) the dissolution is final.

DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.