August 24, 2022

Many couples feel, even if their divorce is contentious, that a restraining order is only necessary in cases of abuse. However, a divorce restraining order is there to protect both spouses during the divorce proceedings and will encourage spouses to keep the process running smoothly after filing for divorce.

What is a Divorce Restraining Order?

After filing for divorce, the court may issue a temporary restraining order that prohibits either spouse from taking certain actions while the case is pending. In most cases, the restraining order prohibits either spouse from removing children from the county they are currently residing in, incurring debt in joint names, withdrawing funds, disposing of property, and other major moves that could be detrimental to either party.

Using a Divorce Restraining Order to Protect You Finances

Figuring out finances is often one of the most complicated parts of filing for divorce. Many people make bad financial decisions when they are going through a divorce, and some spouses will intentionally do things to make the divorce more difficult on the other spouse. Some spouses will try to empty a joint bank account, transfer assets to someone else so they are unavailable, or try to hide money.

Sometimes this is to force a spouse’s hand, but other times it’s because one spouse doesn’t feel the other isn’t entitled to the money. In these cases, a restraining order, specific to finances, may be necessary. This order will place a pause on the couple’s ability to spend, transfer, dispose of, or conceal assets without permission from the court after filing for divorce. Both spouses can still use funds to pay for basic expenses, but no significant transactions can take place without approval. Most divorces will not need a financial restraining order, but if one spouse has sole control over the finances, a spouse has addiction issues, spouses have a history of making unilateral financial decisions, or one spouse is spending marital assets on an affair, a divorce restraining order specific to finances may be necessary.

Using a Divorce Restraining Order to Protect Your Children

Most spouses want to make sure their children are protected from the negative fallout after filing for divorce. However, there are some spouses who will use their children to attempt to control the divorce process. If you fear that your spouse will attempt to remove your children from your home, county, or state, you may need a temporary restraining order.

Determine if You Need One When You File for Divorce

After filing for divorce, you will likely deal with a basic divorce restraining order that prohibits you from making any big moves that would impact the divorce. Your lawyer is the best person to advise you on a divorce restraining order and if you have the need to get anything further. If you need a financial restraining order, your lawyer can help you petition the court. Obtaining a temporary order won’t require much evidence, but if you want the order to last through the divorce finalization, you will need a court hearing, and your lawyer can help you gather the right documentation and help you present your argument for a favorable outcome.

Partnering with an experienced, local family law attorney is the best way to prepare for and work through a divorce. If you’re going through a divorce or plan on filing for divorce, contact my office today.