Dont's
of Divorce
Preliminary Injuction
1. ACTIONS FORBIDDEN : From
the time the Petition for Dissolution (Divorce) or Petition for Annulment or
Petition for Legal Separation is filed with the Court, until the Judge signs
the Decree, or until further Order of the Court, both the Petitioner and the
Respondent shall not do any of the following things:
- You may not hide earnings or community property from your spouse, AND
- You may not take out a loan on the community property, AND
- You may not sell the community property or give it away to someone, UNLESS
you have the written permission of your spouse or written permission from the
Court. The law allows for situations in which you may need to transfer joint
or community property as part of the everyday running of a business, or that
sometimes the sale of community property is necessary to meet necessities of
life, such as food, shelter, or clothing, or court fees and attorney fees associated
with this action. If this applies to you, you should see a lawyer for help,
AND
- Do not harass or bother your spouse or the children, AND
- Do not physically abuse or threaten your spouse or the children, AND
- Do not take the children,
common to your marriage, out of the State of Arizona for any reasons, without
a written agreement between you and your spouse or a Court Order, before you
take the children out of the State.
- Do not remove or cause to be removed the other party or the children of the
parties from any existing insurance coverage, including medical, hospital, dental,
automobile and disability insurance. That both parties shall maintain all insurance
coverage in full force and effect.
STATUTORY REQUIREMENTS:
Arizona Law, A.R.S. 25-315(A) provides:
1(a) RESTRICTIONS ON PROPERTY OF THE MARRIAGE: That both parties are enjoined
from transferring, encumbering, concealing, selling, or otherwise disposing
of any of the joint, common or community property of the parties except if related
to the usual course of business, the necessities of life, or court fees and
reasonable attorney fees associated with an action filed under this article,
without the written consent of the parties or the permission of the Court.
1(b) REQUIREMENTS OF BEHAVIOR: That both parties are enjoined from molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties.
1(c) RESTRICTIONS ABOUT YOUR CHILDREN: Removing any natural or adopted child of the parties then residing in Arizona from the jurisdiction of the Court without the prior written consent of the parties or permission of the Court.
1(d) RESTRICTIONS ABOUT INSURANCE: Removing or causing to be removed the other party or the children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance. That both parties shall maintain all insurance coverage in full force and effect.
2 WARNING: If you disobey these Orders, the Court may find you in contempt of court. You may also be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying these Orders.
If you have specific questions please contact an attorney for legal advice regarding this subject.
updated
02/15/07