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Automatic Temporary Restraining Orders in California Divorce

Automatic Temporary Restraining Orders in California Divorce

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Published by Matthew S. Crider

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Published by: Matthew S. Crider on Jan 21, 2011
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08/09/2013

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 {00025290.}
Automatic temporary restrainingorders in California divorce
 
 
980 9
th
Street 16
th
FloorSacramento, California 95814916.265.0961 p916.244.7209 f www.Sacramento-Divorce-Lawyer.com
 
By Matthew Crider, JDFamily Protection Attorney
It is typical, if not natural, for parties to a divorce
 
case to start hiding assets
 
and income
 
from each other as soon as divorce is anticipated. Spouses are thinking ahead of thegame on how they can outsmart the other spouse so that they end up with the largerportion of the pie.
 
This is a common reaction by clients not knowing that they are violating the automatictemporary restraining orders (ATROS) that are automatically in place the momentdivorce is commenced. I thought it would be important for family law litigants to beaware of ATROS so they can avoid a violation and the consequences of such violation.ATROS takes effect on the Petitioner upon filing the Petition and summons while ittakes effect on the Respondent upon service of the Petition under family CodeSection 233 and 2040 ATROS is not limited to divorce cases but also apply to legalseparation actions and Nullity actions. ATROS stays in effect until entry of the final judgment in the case.
 
The four standard mutual restraining orders are:
 
Removing their minor children from the state without the prior written consent of theother party or a court order. Family Code Section 2040.
 
Restraint from transferring, encumbering, hypothecating, concealing, or in any waydisposing of any property, real or personal, whether community, quasi-community, orseparate without the other party’s written consent or court order. Family Code Section2040.
 
Restraint from cashing, borrowing against, canceling, transferring, disposing of, orchanging the beneficiaries of any insurance or other coverage, including life, health,automobile, and disability held for the benefit of the parties and their child for whomsupport may be orders. Family Code Section 2040.
 
Restraint from creating a non probate transfer or modifying a no probate transfer in amanner that affects the disposition of property subject to the transfer without the otherparty’s written consent or court order. Family Code Section 2040.
 

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