All You Need To Know About ATROS
There are things that both spouses are restricted from doing while their divorce is ongoing in the state of California. After both parties sign the petition for the dissolution and nullity of their marriage, they become bound by the restrictions of ATROS.
ATROS, which stands for Automatic Temporary Restraining Orders, are mutual orders that become effective once the divorce summons is issued. As stated in California’s Family Code FAM §2040, ATROS will remain effective until the divorce is finalized or the petition is dismissed.
Restrictions in Family Code Section 2040
It may feel restrictive on the divorcing parties, but ATROS actually serves as a protection. It protects both spouses from unethical actions that may put the other at a disadvantage and cause more distress.
Here are the following actions that the divorcing couple cannot do while the divorce process is ongoing:
1. It restricts either of the divorcing spouses from taking their minor children to another state without the written consent of the other parent or court order. The exception to this is if the child is already living in another state upon filing of the petition for divorce. It also does not require that the said child should be returned to California during the divorce process.
2. It restricts either of the parents to apply for new or replacement passports for their minor children without the written consent of the other parent, or without a court order.
3. Either party is not allowed to transfer, encumber, hypothecate, conceal, or dispose of any property without the consent of the other spouse, or without court order. The restriction applies to all properties, whether community or separate. An exception can be made for transactions in the ordinary course of business or the necessities of life. The selling spouse, however, has to inform the other party at least five business days before making the transaction.
Moreover, the divorcing parties are not restricted from taking such actions to pay for the fees of their Orange County divorce lawyer. They can use their community, quasi-community, and separate properties to pay their legal counsel for their divorce and divorce mediation services.
4. It restrains both parties from making amendments to existing insurance policies. Neither can make any withdrawals, transfers, cash-ins, cancellations, or change beneficiaries. The restriction applies to life, health, car, and disability insurance policies where the beneficiaries are the other spouse and their children.
As such, neither spouse can cash-in on their insurance policies and deposit to another account. Neither can change beneficiaries nor remove the other spouse from the list of the policy’s beneficiaries.
5. It restricts both spouses from creating non-probate transfers that can affect the property’s disposition. An exception can be made if there is a written consent of the other spouse or court order. A non-probate transfer refers to an instrument that transfers property upon death. It does not restrict any of the following:
· Creating, modifying or revoking a will.
· Revocation of non-probate transfers, including revocable trusts.
· Elimination of the right of survivorship to a property, on the condition that a notice is served to the other party beforehand.
· Creation of an unfunded revocable or irrevocable trust.
How Can Family Law Mediation Orange County Help
Filing for divorce can be very confusing and stressful. You have enough emotional and psychological burden to have to worry about the nuances of divorce laws in California.
Seeking divorce mediation services is the healthier choice when you want to dissolve your marriage. Court proceedings can be cold and cruel, especially where emotions are high. An Orange County divorce mediation is what you need to find reasonable compromises to settle your marital conflicts and differences.
Your family law attorney will also guide you as you discover the intricacies of California’s family law. They will ensure that both of you will adhere to any restrictions, so that you can settle without any additional issues. You do not have to go through the process blindly, as the right mediation services will help you end things peacefully so you can have a fresh start.
Are You Filing for Divorce? Contact Cordial Family Lawyers for Sound Legal Advice.
At Cordial Family Lawyers, we believe that a divorce doesn’t need to be more stressful than it already is. We offer flat-fee divorce attorney services to help you settle amicably and peacefully.
Skip the court battles and let our divorce mediation attorney help you reach an agreement that will benefit you both. A divorce does not have to be a fight for who gets the bigger slice of the cake. By partaking in mediation, you do not just save time and money, but you also save yourself and your children from unnecessary heartbreak. Contact us today, and let’s discuss your case.