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Understand how the automatic temporary restraining order works

On Behalf of Cullen Family Law Group | Dec 26, 2018 | Same - Sex Couples & Divorce |

The moment that divorce papers are filed, the divorcing couple are bound by something known as an automatic temporary restraining order (ATRO).

ATROs are a type of court order, known as an injunction, put in place in order to maintain “the status quo” while a couple works out the details of a divorce. In general, ATROs are designed to prevent either party to a divorce from making a grab for the marital assets or doing something that could affect the other spouse’s parental rights.

Whether you file the petition for a divorce with the courts or are the spouse who is served with a petition, you’re equally bound by the ATROs in place. In general, here are some of the things that you need to keep in mind:

  1. You can’t take the children out of the state. This rule is in place to prevent a parent from taking the children to another state where they feel that they may receive more favorable treatment in a custody battle. However, you need to remember that it applies even to temporary visits — like vacations. Unless you get the court’s permission, the children cannot leave the state.
  2. You cannot sell or give away your property. Even if you feel like something is clearly “yours,” like a piece of jewelry or an expensive watch, you can’t get rid of anything that might be considered a marital asset until the court says that it is yours.
  3. You cannot lower the value of a piece of property. This means that you can’t purposefully damage something you own in an act of revenge against your spouse. It also means that you can’t take a loan out that would reduce the equity in your home or car.
  4. You can’t empty the bank accounts. You are only permitted to take money out for ordinary, necessary expenses.
  5. You can’t cancel the insurance. This includes your spouse’s health insurance, car insurance, life insurance and home insurance. If you’re paying it now, you have to continue paying it until the court says otherwise. You also cannot change the beneficiaries.

We can help you understand, in advance, what you need to know and what you should do to plan a successful divorce. For more specific information, please contact our office.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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