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 you can read here.
Before the ATROs go into effect with your divorce
filing, have a conversation with your attorney about steps you might consider
taking before the dissolution petition in filed. For instance, do you
want to change your beneficiary designations on your existing insurance
policies? Do you want to revoke a family trust in your name, or fund that
trust with specific assets? Is there an account that needs to be closed
or transferred, or possibly funded? Think about these issues before you
file for divorce, as it will certainly be easier to complete these tasks
pre-filing, when the written consent of your spouse is unnecessary.
However, a word of caution to clients: remember that your pre-filing actions
can be subject to review by opposing counsel and the court. Just because
the ATROs take effect at the time the summons is served does not mean
that you get free reign to dissipate assets prior to filing. Try to make
smart decisions about your money, and attempt to keep the financial status
quo in place.
For a free consultation, and more information on the dissolution process, please
contact The Buncher Law Corporation.