Going through a divorce can be overwhelming, especially when it comes to dividing property. To guarantee fairness and protect both parties’ interests, California law has a solution: Automatic Temporary Restraining Orders (ATROs).
These orders are issued when a divorce petition is filed and play a crucial role in maintaining the status quo and preventing one party from taking actions that could harm the other party’s financial interests.
What’s off-limits?
ATROs impose necessary restrictions to safeguard marital property and ensure an orderly division of assets. Here’s what’s prohibited:
- Transferring
- Encumbering
- Hypothecating
- Concealing
Or disposing of any property, whether it is community, quasi-community, or separate property, without the other party’s written consent or a court order. These restrictions prevent either party from reducing marital assets or hiding property from the division process.
However, it is crucial to understand that these measures are temporary, so seeking legal advice for a fair property division might be necessary. A family law attorney in California can help you protect all property and assets.
Exceptions to the rule
While ATROs impose significant restrictions, they also include important exceptions to ensure both parties can participate in the legal process and meet their daily needs:
- Exceptions include actions taken in the usual business or for daily necessities. Both parties must notify each other of any proposed expenditures and account for them in court.
- Paying attorney’s fees and costs with community, quasi-community, or separate property ensures that both parties have the financial means to retain legal counsel.
However, a party using community or quasi-community property must account for its use. Similarly, if a party uses the other party’s separate property, they must account for its use.
ATROs play a critical role in protecting property during a divorce by imposing these restrictions and exceptions. They help keep things stable, prevent the loss of assets, and ensure both parties have the resources they need to participate in the legal process.
