ATROs

Certain automatic temporary restraining orders (ATROs) go into effect immediately when the Summons and Petition are served in a divorce, legal separation, nullity or paternity court case.

ATROs apply to both parties.  They are summarized on the back of the Summons (form FL-110).  They remain in effect until you get your divorce judgment or your case is dismissed.

What are the ATROs

1. You may not remove a minor child or children of the parties from the state of California without the prior written consent of the other party or an order of the court.

2. You may not transfer, encumber, hypothecate, conceal, or in any way dispose of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life.  For example, you may not:

• take out a loan on community property.
• hypothocate community property, i.e. pledge it as security or collateral for a debt.
• close a joint checking account and transfer the money into your own separate account.
• remove items from your safe deposit box or cash from your safe and give them to a third party to hold for you.

3. You may not cash, borrow against, cancel, transfer, dispose of or change 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.  For example, you may not:

• cash in your life insurance policy and deposit the proceeds into a separate account.
• remove your spouse or children from a health, dental or vision insurance policy.
• remove your spouse from your automobile insurance policy even if you are not living together.

4. You must notify the other party of any proposed extraordinary expenditures at least five business days prior to incurring those expenses. If your case ends up in court, you must account to the court for all extraordinary expenditures made after the ATROs are effective.

Not ATRO Violations

Here are a few things that are not considered to be violations of the ATROs:

• Using any property (asset) to pay reasonable attorney’s fees and costs in order to retain legal counsel.
• Creating, modifying, or revoking a will; creating an unfunded trust; executing and filing a disclaimer of testamentary and other interests, or revoking a nonprobate transfer (including a revocable trust), as long as notice of the change is filed and served on the other party before it takes effect.
• Severing a joint tenancy or elimination of a right of survivorship to property provided that notice of the change is filed and served on the other party before the change takes effect.
• In some cases, disposing of property is allowed if done in the “usual course of business.” However, Courts will look at the nature of the business and whether it is a bona fide business.

Either party may apply to the Court for modification, revocation or expansion of any of the ATROS. They can be modified until the divorce is final.