When parties begin a divorce or legal separation, lots of things can change. The automatic temporary injunction can be a burdensome circumstance imposed on the parties involved in a divorce or legal separation proceedings. Because compliance with the automatic temporary injunction is crucial, we’ve taken the time in this article to highlight some of the prohibitions that go into effect once the automatic temporary injunction is in place.
Put simply, the parties are prohibited from disposing of marital property, burdening marital property with loans/liens/etc., hiding marital property, or transferring marital property beyond the reach of the other party. Now, there is a recognition that the parties will need to be able to continue living/spending money in a similar way to how things have been in the past. However, for any extraordinary expenditure, each party is required to notify the other party of the intent to do so, and they must additionally account for all such expenditures once the injunction is in effect. It is also worth noting here, that the automatic temporary injunction will frequently make exceptions for other expenditures that are approved by the other party or as may be required by an order of the court.
There’s a pretty quick way to explain all of it here. Just maintain the status quo! Whether you plan on taking out significant debt, selling off property, making new large purchases, squirreling away assets, or hiding your accounts, all of it can get you in a heap of trouble with the court. So just act like it’s business as usual, even though you may be struggling. Otherwise, you’ll have to answer to the court.
Beyond property related prohibitions, the parties will also be restrained from engaging in certain behavior regarding insurance policies. Here, without 14 days advance notification and written consent of the other party (or court order), the parties may not cancel, modify, terminate, or allow to lapse any health insurance, homeowner’s insurance, renter’s insurance, automobile insurance that covers either parties or their children, or any life insurance that names either party or their minor children as a beneficiary.
So unless you have provided 2 weeks notice and have received the written approval of the other party (or received a court order approving it), it’s best to refrain modifying the terms and/or policies of any insurance. Otherwise, you can find yourself in a world of hurt.
In addition to prohibitions related to monetary and insurance issues, the automatic temporary injunction will additionally prohibit certain behavior amongst the parties. Usually, the injunction will prohibit either party from molesting and/or disturbing the peace of the other party or minor children. Additionally, the injunction will prohibit parents from unilaterally removing the minor children from the state without prior approval from the other party or due to a court order.
Again the lesson is simple — Don’t bother the other party or your kids! Whatever circumstances brought you to the point of seeking a divorce or legal separation, now isn’t the time to vindicate your emotions. Refrain from sending harassing emails, texts, phone calls, Facebook messages, and the like. Also, don’t get your kids involved in the disputes you have with your spouse. All it does is build tension, create additional conflict, and increase the likelihood that you will get in trouble with the court. So as hard as it may be, try to remove the emotional pains from the proceedings.
The automatic temporary injunction is no laughing matter. Refusals to follow the prohibitions of the injunction can get you in a whole world of trouble. In these cases, the last thing you want to do is cause prejudice to your position. If you’re in the midst of a divorce or legal separation, take the time to speak to a qualified attorney.
At Modern Family Law, we specialize in family law cases, and we know all about the automatic temporary injunction. If you need legal assistance, call us today to speak to one of our family law attorneys at no charge.
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