In a past article, I discussed that the process a party chooses to pursue a divorce or legal separation whether in San Jose, Sunnyvale, Cupertino, Campbell, or any other Bay Area city, severely impacts the outcome of their case. Once a party has decided on the process, the next decision might be when he or she should file for divorce. A divorce is initiated when a party files a Petition for Dissolution of Marriage and has it properly served on the other party.
When a petition for dissolution of marriage is filed and served, there are several legal outcomes of which to be aware when making decisions. First, once the petition is filed and served, certain protections are afforded to each party in the form of restraints. These are known as “Automatic Temporary Restraining Orders,” or “ATROS.” These restraints apply in California divorce cases. Specifically, both parties are legally restrained from:
1. Removing the minor child or children from the state without prior written consent of the other party. Clients should take note that Las Vegas is in Nevada as some parts of Lake Tahoe.
2. Cashing, borrowing against, canceling or changing the beneficiaries of any life, health, automobile, and disability insurance.
3. Transferring, encumbering, concealing or disposing any property, whether community or separation, without the written consent of the other party or an order of the court, except in the usual course of business or for necessities of life (i.e. food, shelter, and other daily needs).
4. Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the transfer of property without the written consent of the other party.
Unless a divorce petition is filed, there are no restraints. If a party is concerned that his […]