What’s the first thing you think of when you hear “restraining order”? Images of stalkers in the night, watching your every move? Maybe a spouse who is unwilling to let go of a marriage that no longer works? That’s partially true, but an automatic temporary restraining order is anything but forced or angry or frightening.
Automatic Temporary Restraining Order in Saratoga
An automatic temporary restraining order, or ATRO, as it’s sometimes called, is simply a rule book, of sorts, that divorcing spouses agree to abide by during the actual divorce process. This set of rules apply to negotiations over beneficiaries, assets, will, insurance policies and all other negotiations.
Then it goes a step further. It halts the financial dynamics – wherever they are – and freezes them for the duration. That means one spouse can’t cash in the retirement account or empty the bank accounts until everything has been hashed out through the proper legal channels. It keeps both parties accountable and prevents
the possibility of “I really didn’t mean to do that, I was just so angry and wanted to get even” moments.
This isn’t automatic nor is it mandatory in Saratoga at this time, but more attorneys are beginning to strongly encourage their clients to consider an ATRO. In fact, it may soon be common in all divorces and even required. California already requires them and they’re automatically included. Divorcing couples are actually served the summons notifying them of this requirement usually during their first meeting with their legal representation. It’s listed on the back of the summons, one of the first documents filed in a divorce case. Along with the financial caveats, California also requires both parties agree to not “remove the minor child or children of the parties from the state without prior written online slots consent of the other party or an order of the court”.
The one common denominator in any divorce is the unpredictability of the human condition. An ATRO maintains that to some degree which also can help prevent delays or additional problems being added. Both parties maintain their respective dignity as well as their mutual respect. The element of mistrust is lessened as well. The stress is reduced when you know that there’s no way to make changes to your shared finances.
Remember, it’s an order issued by the courts, so it has a strong legal foundation. Not only can the various banking and retirement accounts be maintained, but shared property can’t be sold or transferred, new loans can’t be taken out – including credit card accounts, beneficiaries can’t be changed on any of your insurance policies there’s no way financial evidence can be destroyed.
There are a few wrinkles that have to be ironed out, mostly the fact that the courts won’t notify these institutes such as banks and insurance companies; it’s up to the parties to provide the documentation to those entities. It defeats the purpose to hash it out in a lawyer’s conference room and then not put the rest of it into play.
Automatic Temporary Restraining Order in Saratoga: Legal Advice and Guidance
Would an automatic temporary restraining order in Saratoga benefit you in your divorce? We invite you to contact us to discuss your options so that you’re protected during the proceedings and to ensure you’re taking advantage of the various protections that best suit your needs.
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