The beginning of the divorce process is front-loaded with a lot of critical information and rules that must be followed. One of the most important rules is contained on the bottom of the summons that either you had served or were served. Supplemental Probate Rule 411 puts a restraining order on both parties.
Let’s be clear: even if you are the party that initiated the divorce, the restraining order still applies to you. Let’s also stop for a moment and focus on the “restraining order” aspect. Most people associate restraining orders with physical harm or a need to keep someone away. This type of restraining order doesn’t work that way; it is often referred to as a “financial restraining order.” The purpose of the restraining order is to prevent the parties from liquidating or dissipating assets during the course of the divorce in order to prevent the other spouse from receiving his or her equitable share.
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Reading the whole rule is important, but the following are the actions that are prohibited by the restraining order (the follow text comes directly from the rule):
- (1) Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of any property, real or personal, belonging to or acquired by, either party, except: (a) as required for reasonable expenses of living; (b) in the ordinary and usual course of business; (c) in the ordinary and usual course of investing; (d) for payment of reasonable attorney’s fees and costs in connection with the action; (e) written agreement of both parties; or (f) by Order of the Court.
(2) Neither party shall incur any further debts that would burden the credit of the other party, including but not limited to further borrowing against any credit line secured by the marital residence or unreasonably using credit cards or cash advances against credit or bank cards;
(3) Neither party shall directly or indirectly change the beneficiary of any life insurance policy, pension or retirement plan, or pension or retirement investment account, except with the written consent of the other party or by Order of the Court.
(4) Neither party shall directly or indirectly cause the other party or the minor child(ren) to be removed from coverage under an existing insurance policy, including medical, dental, life, automobile, and disability insurance. The parties shall maintain all insurance coverage in full force and effect.
The rule is an essential tool protecting both parties. Understanding how the rule effects you during your divorce is important; any violation of the rule is considered contempt of court. If you have any questions as to how the rule works you should ask your attorney or in the event that you do not have an attorney you should seek legal counsel.
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