Pendente Lite: Temporary Orders in a Divorce Action
by
Joseph C. Maya on Jun. 26, 2017
Divorce & Family Law Divorce Divorce & Family Law
Summary: A blog post about immediate restrictions that are put into place when a couple enters divorce proceedings.
If you have questions about divorce, legal separation, alimony entitlement, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
After a divorce case is filed and the other spouse has been served with the divorce papers, there are restrictions that automatically go into place so that you and your spouse cannot transfer any of the marital property or harm the value of any physical property without the consent of the other spouse or the permission of the court while the divorce is ongoing. Although you are allowed to spend money for ordinary expenses needed for daily living and for attorney’s fees, you cannot do anything with property that will be divided up in the divorce. For instance:
- Neither of you can sell, transfer, hide, remove or take a loan against any property that may be marital property unless it is in the normal course of business. This includes real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats, individually or jointly held by you and/or your spouse.
- Neither of you may dispose of, transfer, or borrow against, any retirement assets, except to the extent one or both of you is already receiving a payout from such assets.
- Neither of you may incur unreasonable debts.
- Neither of you may have the other or your children removed from any medical insurance, life insurance or auto insurance, and you must maintain the current level of such insurance.
There are also certain other issues that may get decided by the court while the divorce is ongoing. These temporary decisions can relate to the physical protection of one spouse or of any children, maintenance, child support, child visitation and child custody, and for attorney’s fees and other fees. The court may also decide that one spouse should have temporary possession and exclusive access to the home, if you and your spouse are not already living separately. The court may make changes to these temporary orders during the proceeding if necessary/or when the divorce is finalized. Violation of the temporary orders may result in court-ordered sanctions against you, including an award of attorney’s fees.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: NYC Bar Association
