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The Automatic, Temporary Injunction

As soon as a petition for divorce is filed and served, an automatic, temporary injunction goes into effect. The injunction is an order from the court prohibiting either party from doing certain things during the divorce. The purpose of the injunction is to maintain the status quo so that nothing substantial happens while the divorce is pending. Under the order, the following automatic orders are in effect for all divorce cases:

  1. Neither party is allowed to transfer, encumber, conceal, or dispose of any marital property without the consent of the other party, except in the “usual course of business” or “for the necessities of life”;
  2. Neither party may disturb the peace or otherwise harass the other party;
  3. The children may not be taken out of the state for any reason without the agreement of the parties or court order;
  4. Generally, neither party can do anything to affect health, homeowners, renters, automobile, or life insurance policies that provide coverage to either of the parties or the minor children.

Generally, if you have any questions about whether something is or is not allowed during the pendency of a divorce, call an attorney. Like any court order, the court may enforce the automatic injunction with sanctions such as jail time, fines, or other penalties.