After a divorce complaint is filed with the family courts in Santa Clara County, there are certain restraining orders that will become effective immediately. These are not the typical restraining orders many people think of, which prohibit one person from contacting another. Instead, restraining orders you will receive with your Summons place restrictions or limitations on the things you can do regarding your marital assets and your children. These restraining orders ensure that everything remains status quo until the divorce case is finalized. Below, our Santa Clara County divorce lawyer explains more about these orders.
Taking Minor Children Out of State
Neither you or your spouse are allowed to take your minor children out of state. Even if you only want to go on vacation with them, this is prohibited. You also cannot apply for a new or replacement passport for a child. The only exceptions to this are when you have obtained a court order, or your spouse has consented to the travel arrangements in writing.
Changing or Canceling Insurance Policies
Any insurance policy, whether it is for health, life, disability, or auto insurance, that covers you, your spouse, or your child must remain in place until your divorce case is final. You cannot cancel or modify the policies, nor can you change the beneficiaries listed within these policies.
Disposal of Assets
If you want to purchase or sell a vehicle, close your bank accounts, or transfer any other property, it is important that you wait until your divorce is final. Regardless of whether you believe the property is your own separately or it is marital property, you are prohibited from taking certain actions with these assets. You are not allowed to hide, encumber, or transfer any personal property, including real estate, unless you have a court order or your spouse has consented in writing.
There are exceptions to this restraining order. These orders do not apply to your daily necessities, such as food, housing expenses, and clothing. They also do not apply to paying your attorney’s fees or the usual course of business. If you want to make a significant purchase, it is important to provide five days notice before doing so. You should also keep any records or receipts regarding the extraordinary expenditures, as the court will expect you to account for them.
Non-probate transfers of property are assets that are transferred from a decedent to another person without the need for those assets to go through the probate process. If you want to create or modify a non-probate transfer, you must obtain a court order or the written consent of your spouse. If you are eliminating a right of survivorship or are revoking a non-probate transfer, you must file notice of the changes made and serve the other party with the notice.
Our Divorce Lawyer in Santa Clara County Can Advise On Your Case
There are many steps in the divorce process, and your movements may be somewhat restricted. At Hepner & Pagan, LLP, our Santa Clara County divorce lawyer can provide the legal advice you need to ensure you are not in violation of any orders and give you the best chance of success with your case. Call us now at 408-688-9153 or contact us online to schedule a consultation.