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What are Temporary Restraining Orders in a California Divorce?

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If you're headed towards divorce, you probably have questions, lots of questions. For instance, do you and your spouse have to follow specific rules during the divorce? The answer – yes!

As soon as you or your spouse files for divorce, there are temporary restraining orders that go into effect automatically. Temporary restraining orders prohibit you and your spouse from doing certain things. This means that neither of you can:

  • Take your children out of state without a court order or your spouse's written permission,
  • Cancel or change the beneficiaries on any insurance policies, or
  • Transfer property.

You will both be required to notify each other before you make an out-of-the ordinary purchases, and account for any such expenditures to the judge. The requirements are explained in detail on the back of the divorce Summons.

After the Divorce is Filed

Once the divorce has been filed, you must each complete the disclosure declarations that detail information about your income, assets, debts, and expenses. Then, they must be officially delivered to each spouse. The court requires proof that the other spouse was served with a Final Disclosure Declaration, unless it is otherwise waived.

Either of you can ask for a hearing so the judge can decide on temporary orders for child custody, visitation, support, as well as requests for attorney fees or restraining order matters. These are known as Order to Show Cause hearings.

The next step is to reach a fair and amicable agreement. You, your spouse and your respective attorneys work towards resolving all of the child custody and property and debt-related issues.

If you're able to reach an agreement, it may not be necessary to appear in court. However, you will need to sign a sworn statement that says your marriage ended due to irreconcilable differences.

Contact a Los Angeles divorce attorney at Claery & Hammond, LLPtoday!


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