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14 Mar. 2013

Exceptions in Automatic Temporary Restraining Orders

Posted By The Buncher Law Corporation

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.

Source: Yahoo

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 available funds.

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