Have you been considering divorce for a long time? Is it clear that your spouse is ready to end the marriage? If either of those things are true, it's important to understand what happens as soon as the first official papers leading to a divorce are filed.
As soon as either you or your spouse have filed a petition for divorce, something known as an automatic temporary restraining order (or automatic temporary injunction) will likely go into place. Even if your state doesn't have an automatic injunction, you can bet that your divorce lawyer or your spouse's divorce lawyer will ask the court to impose an injunction as a matter of course when filing the paperwork.
An injunction is a type of court order that puts rules in place that the court hopes will protect the legal interests of both parties. During a divorce, injunctions are designed to make sure that neither party takes a "grab and keep" approach to the marital assets before the court has a chance to step in and make sure that everything is divided according to the laws in your state.
While the laws vary a bit from state to state, here are some common expectations:
Because of these injunctions, it may be wise to time the filing of your divorce carefully. For example, you may need to discreetly remove enough money from the joint savings account to set up your new apartment before you file — because that money will be off-limits afterward. For more specific advice on what to do (and what to expect) talk to you divorce lawyer today.Share
28 December 2018
Just as there are laws to protect us on the roads, there are laws to protect our families. Whether you are fighting for the right to see your children, or are in the beginning stages of a divorce, a lawyer can help. There are many laws and stipulations that can have a serious impact on the outcome of any family legal situation. Having a lawyer working at your side to get through a difficult time is the only way to ensure that your rights are fully protected. On this site, you will learn about some of the family laws that could be impacting your life today.