Before filing for divorce, you should be aware of the Preliminary Injunction and how it will affect you. A Preliminary Injunction is a court order that goes into effect with every divorce filed. It goes into effect for the Petitioner on the day the initial Petition for Dissolution of Marriage is filed, and for the Respondent on the day it is served on him/her.
The Preliminary Injunction lists several actions that the parties are forbidden from doing during the pendency of the dissolution. Some of these pertain to the finances and personal property, and some to the children.
It’s important to be familiar with this document, as violations of this Preliminary Injunction are considered contempt of court and can result in significant sanctions. And while some provisions within the document seem common sense, such a not physically abusing your spouse or children, other provisions take many clients by surprise. For instance, you aren’t allowed to take the minor children out of state without your spouse’s written permission or a court order.
An awareness of what you and your spouse can/cannot do once the divorce has been initiated can help you decide when is best to file for divorce. For example, if you’re afraid your spouse is about to remove you from the health insurance, having them served with divorce papers can prevent that.
However, if you want to take the kids to Disneyland in a week and worry your spouse will retaliate for the filing of divorce by not allowing you to take the children on this trip, you may want to hold off on the filing until you return.
To learn more about how the Preliminary Injunction may influence the timing of your filing, please call OWENS & PERKINS at (480) 630-2464 to schedule your free 30 minute consultation.