One of the most important things that a court can do in a divorce proceeding in Oklahoma is to issue an automatic temporary injunction. Few people understand this injunction, but it is important to the proceeding itself and to the parties involved. If you are contemplating a divorce in Oklahoma City, Oklahoma, you will need to have the help of an experienced OKC divorce attorney to help you understand and manage all of the proceedings in your divorce including the automatic temporary injunction.
The automatic temporary injunction begins with the filing of a petition for dissolution of marriage which is also known as a petition for divorce. The filing and service of the divorce petition, a petition for legal separation, or an annulment under Oklahoma law, all automatically trigger court orders that affect the finances, custody, and support.
Understanding the Automatic Temporary Injunction
An automatic temporary injunction is mandatory for the most part. There are certain circumstances in which certain portions of it may be waived. However, waiver of the injunction is not routine. Okla. Stat. tit. 43 § 110.
This injunction stays in place until the court issues further orders, often the final decree in a divorce proceeding.
How Assets Are Affected
When a couple makes the decision to move toward divorce, it is important to limit either party’s ability to make significant changes to the couple’s finances. To that end, the injunction acts to freeze all marital assets outside of the regular day-to-day expenditures. It can be tempting to clear out a bank account in order to protect oneself during the initial throes of this tumultuous time, but this is not a wise move. The injunction is meant to protect not only the parties to the divorce but also all children involved.
The injunction prevents either party from making changes to the assets including taking, selling, encumbering, concealing, or disposing of any marital assets including retirement accounts, insurance policies, and the like without the prior written consent of both parties or an order from the court. It also prevents the parties from making any changes with regard to beneficiaries or beneficiary designations on all financial accounts and documents.
No party is able to open or divert mail addressed to the other party. Nor is any party able to sign or endorse the other party’s name to any negotiable instrument including checks, tax refunds, insurance payments, and dividends.
Parties must cooperate with each other in regard to maintaining existing health, property, and life insurance until the court issues further orders regarding those policies.
How Children Are Affected
Divorce proceedings are particularly difficult for children. Courts seek to minimize the impact of divorce upon the children involved to the extent that they are able. These temporary injunction orders prohibit parents from disturbing the peace of the other party or the children involved this allows for a more stable environment, free from harassment.
Parents are prohibited from removing children from school and daycare. They are also prohibited from disrupting or hiding with their children from the other party. Finally, these temporary orders prohibit parents from removing their children from the court’s jurisdiction without consent until the court can make further orders regarding custody and support.
Production of Documents
Within 30 days, parties are required to produce certain documents and exchange them.
They are required to produce:
- Two years of federal and state tax returns along with all supporting documentation,
- Pay stubs from the last two months,
- All bank statements for the prior six months,
- Information and documents regarding the cost and nature of health insurance coverage for the parties as well as all children.
- Documentation regarding the location and cost of daycare expenses, and
- Documentation of all debts in the name of either party, individually or jointly, including the balance due and payment terms.
The automatic temporary injunction covers a lot of ground. It is important to understand what you are able and not able to do under its auspices. If you have questions or concerns about the automatic temporary injunction, you should bring them to an experienced Oklahoma City divorce attorney as soon as possible.
Low-cost Consultation: Oklahoma City Divorce Attorney
Divorce is such a tumultuous time. Your decisions now will affect your life for years to come. The knowledge and experience of a skilled Oklahoma City divorce attorney provide the confidence you need to move forward.
We offer initial consultations at no cost. Discover how our family law attorneys can help you through a difficult time. For a initial consultation with an experienced Oklahoma City divorce lawyer, call the Divorce Law Office of Oklahoma City at (405) 880-8222 today. If you prefer e-mail, send us your question using the “Ask the Lawyer” form at the right side of this page.