Automatic Temporary Injunction
Automatic Temporary Injunction
When a Petition for Dissolution or Petition for Allocation of Parental Responsibilities is filed and served on the other party, an automatic injunction goes into place. An injunction is an order that requires the parties not to do certain things. The purpose is to “freeze” finances as they were during the marriage, and to prevent parties from hiding assets or taking off with the kids.
While a divorce is pending, you cannot do any of the following, unless you have an agreement with your spouse or you get an order from the court:
Transferring Property
You can and should continue conducting ordinary business, such as making mortgage or car payments, buying items needed for daily life. However, you cannot start gifting property or large sums of money to other people. You also should not go on a “spending spree” and start spending money in a way that is outside of your normal routine. When in doubt, check with your attorney firstß.
Taking the Kids Out of State
This does not mean you cannot take that vacation you’ve been planning for months, it just means you need to communicate with your lawyer and your spouse before doing so. If there are safety concerns for you and/or the children, you should discuss that with your attorney immediately. SS
Although the automatic temporary injunction does not go into place until the non-filing party is officially served with the paperwork, you should not try to take your children out of state if you know a divorce is looming or has been filed. Courts do not look favorably on one parent leaving the state when they know a divorce has been filed, but before they are served.
Cancelling Insurance or Letting it Lapse
You must continue paying insurance premiums during a divorce, including car insurance, life insurance, health insurance, and homeowner’s insurance. You also cannot remove your spouse or children from health insurance.
Changing Beneficiaries on Life Insurance
If your spouse or children are named as beneficiaries on life insurance policies, you cannot change those during a divorce without your spouse’s consent.
Encumbering Property
You should not take out a second mortgage, home equity loan, or other loan that uses property as collateral.