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28 Mar. 2013

Timing and Implementing 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 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.

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