Once you have filed your divorce papers, or Petition for Dissolution of Marriage, there are four automatic restraining orders listed on the summons which will be served on your spouse. It is crucial to pay attention to these restraining orders as they are in place during the pendency of the divorce.
1. Child-move aways: The parties are restrained from moving their minor children from the state without the prior written consent of the other party or an order of the court.
2. Property transfers: The parties are prohibited from transferring, encumbering, hypothecating, concealing or in any way disposing of any property, real or personal, without the other party’s written consent or a court order, except in the usual course of business or for the necessities of life. The “usual course of business” and “life necessities” exceptions are very narrow and generally do not apply.
3. Insurance coverage: the parties cannot cash, borrow against, cancel, transfer, dispose of or change the beneficiaries of any life, health, automobile, disability or other coverage insurance policy.
4. Nonprobate transfers: the parties cannot create or modify a nonprobate transfer in a way that affects the disposition of property subject to the transfer. In other words, the parties cannot change or create any instrument, other than a will, that has the legal effect of transfering properties on death. However, the parties may create, modify or revoke a will or revoke a revocable trust by providing proper notice of the change to the other party prior to the change taking effect.
Observance and compliance with these automatic restraining orders will help streamline your divorce proceeding. On the other hand, violations of these automatic orders will subject the violator to possibly both civil and criminal penalties.
To learn more about these restraining orders or to consult with a family law attorney, call 310-212-7109 and ask to speak to an attorney.
****The opinion above is not intended to be legal advice and absolutely does not create any attorney-client relationship between its author and the readers. Please consult an attorney for information or advice specific to your legal issue.****
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