Preliminary Injunctions in Divorce

In most Arizona divorce cases, the judge automatically issues what is called a preliminary injunction or temporary order in the case. These orders are issued in most cases to try to prevent some of the common problems that can crop up when a divorce gets under way. The order remains in effect while the case is pending. The issues the orders cover are so common that Arizona has determined it makes sense to simply issue these orders in most divorces.

The orders apply to both spouses and directs them:

• Not to sell, take out loans against, hide, give away, or get rid of any marital or community property unless it is necessary for daily life or legal fees. This provision protects marital assets so that neither spouse can try to use them or hide them to gain an advantage in the divorce. This includes large assets, like a home, car, or bank account and small assets like personal property. All community property should be preserved so that it can be divided by the court in the divorce.
• Not to molest, harass, assault, or disturb the peace against each other or any child of the marriage (natural or adopted). This provision gives each party the right to immediately file for a violation of the order and have the other spouse arrested if he or she violates this order.
• Not to take each other or their children off of existing insurance coverage, including medical, dental, car, and disability insurance. The order also directs that the spouses must maintain all existing insurance in full force while the order is applicable. This prevents loss of coverage and difficult insurance reinstatement issues that could occur. Keeping things as the status quo during the divorce is the court’s focus.

Call the Sampair Group for experienced assistance with your divorce case in Maricopa County. Our attorneys are ready to sit down with you and discuss your concerns about your case. Call our office today.