In a previous post, I explained that
Automatic Temporary Restraining Orders ("ATROs") are orders that come into effect once a summons is
served in a dissolution action. ATROs apply to both parties in a case,
and the orders remain in effect for the entirety of your case. There are
four specific rules governing ATROS, you can read them here.
In addition to the four automatic rules, the Court has carved out two exceptions
that deal with your dissolution-related expenses.
First, there is an exception under the
ATROs that allows you to notify your
spouse of proposed extraordinary expenditures at least five business days prior
to incurring the proposed expense. If you
incur the extraordinary expense, you must be prepared to provide an accounting to the court. This exception
theoretically allows you to incur the extraordinary expense if you don't
receive objection from your spouse within five days.
Second, there is an exception under the ATROs that allows you to use community,
quasi-community, and separate property to pay your attorney fees and costs.
This exception obviously helps to free up assets so that you can secure
representation. Note that this exception does not mean that your spouse
becomes liable for the expense - it just allows you to make payment with