
automatic temporary restraining orders
Upon the filing of a dissolution of marriage case, automatic temporary restraining orders come into effect on the Petitioner and on the Respondent when service is accomplished. Once in effect, the ATROs protect both parties with respect to their assets, non-probate transfers, insurance coverage, and removal of the minor children from the State of California.
Both parties are restrained from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability held for the benefit of the parties and their child or children for whom support may be ordered. The terms of the ATROs also restrain both parties from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal...


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This page is about the legal dissolution of a marriage, commonly termed 'divorce.' I have written about grounds for divorce, temporary orders, permanent orders and how issues related to a divorce action, such as child and spousal support, are determined in California.
marriage and divorce
While it is possible to be married in a number of legally recognized ways, the courts have exclusive subject matter jurisdiction to end a marriage and make corresponding orders over children, finances and assets. Under a divorce case the court adjudicates the division of community property (assets and debts) and a litany of other issues according to California law, and in some cases, as agreed upon before or during the marriage (see pre/marital agreements).
temporary orders in divorce cases
A divorce involves termination of the marriage status - and usually this is one of the more simple issues, but a very psychological one - and resolution of the rights and duties that arise from the marriage with respect to custody, visitation, division and confirmation of property (including reimbursements), parentage, premarital agreements, division of retirement interests, support, insurance and sometimes breach of fiduciary duties. Undercurrents and other symptoms of a failed marriage may already be evident, but a divorce (or separation or nullity) legally begins when the Petitioner files a ‘Petition.’ The other party is called the Respondent and files a ‘Response,’ unless the case proceeds by default. Upon filing, a party may seek emergency or temporary orders, which could be in effect pending settlement, trial, or further hearings.
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