Automatic Temporary Restraining Orders: What You Need to Know

automatic temporary restraining ordersMost people don’t realize that when they file the paperwork for a divorce, in California, automatic temporary restraining orders (TROs) are triggered.

One of the initial forms that you must file is the Summons, otherwise known as FL-110. The second page of the Summons lays out all the TROs. They are important to note because if you choose not to comply, you could find yourself in hot water. When your spouse is served, these orders become active order preventing certain actions for both you and your spouse.

So tell me…What are these Automatic Temporary Restraining Orders?

Glad you asked. There are four of them, they include:

  1. You can’t remove any minor child from the state. Also, you cannot apply for a new passport for your child. If you want to do either of these, you need prior WRITTEN consent from your spouse or an order from the court. I just got a passport for my little guy and both parents have to be there, so…there is that.
  2. You can’t mess around with any insurance or take your spouse or child off the insurance. You can’t transfer it or change names or people insured. You can’t change beneficiaries…etc. This applies to all insurance, life, health, automobile, disability, all of it.
  3. You also cannot start to hide money and property. In fact, you can’t transfer or hide or encumber or dispose of any property, even if it is your own separate property without WRITTEN consent of your spouse or a court order. There are a couple of exceptions to this one, though. You can do any one of these things if it is either a) done in the normal course of business, or b) it is for the necessities of life.
  4. Finally, you cannot modify or create a non-probate transfer. What is that, you ask? If you don’t know, you probably don’t have one. It is basically a way to dispose of your property when you die where your property goes outside of probate and goes directly to a beneficiary.

The great thing about our mediation process is that your entire dissolution is, generally completed in 2-3 sessions. You can reach written agreements immediately about pressing issues and move on to get your entire dissolution settled. Deciding on mediation is such a good feeling. Can you imagine living under these automatic temporary restraining orders for years? Neither can I. If you are thinking about a divorce at this time. Think mediation. The hassle it saves begins at the filing.

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