Did you know that very early in the divorce process, there are several temporary restraining orders (TROs) that go into effect? Note that these are not the type of restraining orders that are issued in the case of domestic violence. These are restraining orders that prohibit parties involved in a divorce from doing things that would affect the outcome of their divorce settlement.
Keep reading to learn more about these TROs, and then contact Law Office of Michael L. Fell at 949-585-9055 to request a free legal consultation.
Temporary Restraining Order #1
First and foremost, both parties are barred from moving their minor children out of state or out of the country. They are also both barred from applying for a passport for the child unless they have either the consent of the other spouse or a court order allowing it.
Temporary Restraining Order #2
When divorce is filed, a TRO is issued that prevents either party from altering an insurance policy in any way if the beneficiary is the spouse or a minor child. Note that “insurance policy” includes auto, health, life, disability, and any other type of insurance.
Temporary Restraining Order #3
Neither party can sell, gift, conceal, or take out a loan against real estate or personal property items unless they have a court order to do so or their spouse consents. There are certain exceptions, generally when it is in the usual course of business (for example, if one party was in the business of flipping houses), or if it is necessary to afford necessities.
Temporary Restraining Order #4
It is illegal for either party to create or alter a non-probate transfer or estate property without a court order allowing it or the consent of the other spouse. For example, you cannot create a revocable or irrevocable trust.
An Additional Requirement
There is one addition to these orders – both spouses are required to tell the other if they are going to take on an extraordinary expense at least five days before doing so. If any of this type of purchase is made after the above TROs are in effect, then the court must be notified.
Do You Have Questions About How TROs Work?
If you are not clear on how these work, if you want the help of an experienced family attorney who can assist you in your divorce, or if you simply want a free legal consultation, contact Law Office of Michael L. Fell at 949-585-9055 now to get started.