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The Facts About Automatic Temporary Restraining Orders

Carlsbad, CA – When going through a divorce or separation, California law essentially suspends extraordinary actions from occurring with your property, insurance, and children. This suspension called an Automatic Temporary Restraining Order (ATRO), happens with the issuance of a summons – a legal document notifying one spouse that the other is filing for divorce.

separationThe Four Parts of an ATRO

California Family Code 2040 states that four main conditions occur once a summons, issued via the FL-110 form, is served:

  1. Neither spouse may remove any minor children from California, nor apply for their new or replacement passports. The exception is with either written consent from the other party or a court order.
  2. All forms of insurance (life, auto, health, disability) that affect either spouse or any minor children may not be altered during the divorce process. This means that such policies cannot be cashed out, canceled, borrowed against, disposed of, or transferred to another party.
  3. Property, either real or personal, also cannot be transferred, hidden, disposed of, or otherwise encumbered without either written consent from the other party or via court order. Please note there is one caveat: The FL-110 form gives an exception for “the usual course of business or for the necessities of life.” Therefore, it is always important to talk with a family law attorney regarding your specific case.
  4. You cannot change any nonprobrate transfer – any legal document regarding the allocation of property upon your death. While this stipulation does not include your last will and testament, it does include assets like bank accounts, Totten trusts, and other investments. Again, this can be amended either by order of the court or written consent by your spouse.

Changing and Ending the ATRO

Either you or your spouse can modify the restraining order by court order. In this case, your attorney would likely need to appear before a judge, giving good cause for the proposed change.

The ATRO stays in effect either until the divorce or annulment is finalized, or the legal separation ends. After this point, the ATRO will no longer be applicable. It may also be terminated early by court order, as long as both parties agree.

Please be aware: If you or your spouse violate any of the terms of the ATRO, the offending party can be held in contempt of court. This could affect the outcome of child custody and/or divorce settlement terms. It is always critical that you meet with a lawyer to discuss the intricacies of your case to achieve the best outcome possible.

Schedule a free consultation with Griffith, Young and Lass today to meet with skilled, experienced family law attorneys. They can help you with your case in a professional manner, easing some of the hardships of this difficult time in your life.

© 2017 Millionairium and Griffith, Young & Lass. Authorization to post is granted, with the stipulation that Millionairium and Griffith, Young & Lass are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.

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Meet Your Dedicated San Diego Family Attorneys
Family Attorney John N. Griffith, CFLS
Family Attorney John N. Griffith, CFLS

Family Attorney, John N. Griffith, CFLS

John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization.

858-345-1720
john@gylfamilylaw.com

Family Attorney, Catie E. Young, ESQ.
Family Attorney, Catie E. Young, ESQ.

Family Attorney, Catie E. Young, ESQ.

San Diego family lawyer Catie Young has a wide range of litigation experience. She has worked in civil litigation. She has successfully represented clients in many areas of family law including child support, child custody, divorce and domestic violence. She has a unique approach to each child custody case, so clients of Griffith, Young & Lass tend to gravitate toward her in these cases.

858-345-1720
catie@gylfamilylaw.com

Family Attorney Amy J. Lass, Esq.
Family Attorney Amy J. Lass, Esq.

Family Attorney, Amy J. Lass, Esq.

Amy Lass was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting and went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006. Amy takes a practical and cost considerate approach to the process while striving to balance the emotional needs and objectives of her clients.

858-345-1720
amy@gylfamilylaw.com

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The Typical Divorce Process in California
Discovery of Assets & Obligations (1-3 months)
1 Complaint for Divorce Filed Start of litigation
2 Complaint is Served Varies, but usually shortly after the complaint is filed
3 Answer to Complaint Due 30 days from the date of service
4 Mediation Anytime, but usually after initial discovery
5 Temporary Hearing Usually early in the process
6 Late Case Evaluation / Judicial Hosted Settlement Conference Usually near the end of the case
7 Trial (If Needed) The goal is to settle, but if your case goes to trial, it could take months after the start of litigation.
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