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Understanding Automatic Temporary Restraining Orders in Effect in a California Divorce

When you file for divorce in California, Automatic Temporary Restraining Orders (ATROS) take effect immediately upon service of the petition of divorce. These are designed to protect both parties and maintain the status quo until further court orders are issued. While ATROS can be confusing, understanding their scope and implications is crucial for any divorce proceeding.




What are ATROS and what do they restrict?

ATROS restrict both parties from taking certain actions without the other’s written consent or a court order. These include:

  • Transferring, selling, or encumbering community property
  • Canceling or changing insurance policies
  • Withdrawing large sums of money from joint accounts
  • Taking children out of state without permission

It’s important to note that violating an ATRO can result in serious consequences, including contempt of court charges and potential fines.

Tips for navigating ATROS during your divorce:

  1. Be aware of the specific restrictions: Carefully read and understand the ATROS listed on your summons. If you have any questions, consult with a divorce attorney.
  2. Maintain communication: Communicate openly and honestly with your spouse regarding finances, property, and children. Transparency can minimize disputes and potential ATRO violations.
  3. Seek written consent: If you need to take any action restricted by the ATRO, obtain written permission from your spouse or seek a court order.
  4. Document everything: Keep detailed records of all financial transactions and communications related to your divorce. This can be crucial evidence if disputes arise regarding ATRO compliance.
  5. Consult with an experienced divorce attorney: A knowledgeable attorney can guide you through the complexities of ATROs, ensure your compliance, and protect your rights throughout the divorce process.

By understanding and proactively managing ATROS, you can navigate the California divorce process with greater clarity and confidence. Remember, legal advice is crucial in such situations.

For more information and personalized legal advice, please contact Mr. Gentry, an experienced California divorce attorney for a free consultation. Use the orange form to your left on this page or give us a call to schedule at 310 282-7521.