What is a Preliminary Injunction in an Arizona Divorce?
When you file for divorce, legal separation, or an annulment, the court will issue a Preliminary Injunction that applies to the person filing the documents when they are filed and applies to the other spouse when he or she is served with that Preliminary Injunction. So, the question arises as to what is a Preliminary Injunction in an Arizona divorce case. Let’s get you the information you need.
The Preliminary Injunction notifies you that your spouse has filed for a divorce, an annulment or a legal separation. It explains that the Preliminary Injunction is a court order issued by the directive of the presiding judge of the court and has the same effect as an order signed by the judge. It also explains that both spouses must comply with the orders in the Preliminary Injunction or face being held in contempt of a court order.
The Preliminary Injunction continues in effect until a final Decree of Dissolution of Marriage, a Decree of legal separation, or a Decree of Annulment is issued. The court orders in the Preliminary Injunction prohibit both spouses from hiding property or earnings from employment. You also cannot take out a new loan using your community property as collateral for that loan. You also may not sell or give community property to other, unless both spouses agree to do so. Even in those circumstances when the parties agree to sell some or all of their community property, it is best practice to have a written agreement indicating the terms of the sale that is signed by both spouses.
The order does recognize that it may be a normal practice to transfer property, such as business selling its products, which the Preliminary Injunction does not prevent so long as these sales are done in the normal course of the operation of the business. The order also does prevent you from selling community property if it is necessary for you to support yourself during the divorce.
The order also indicates you cannot harass your spouse or children, nor can you physically abuse or make threats to your spouse and/or children. There are also orders in the Preliminary Injunction that preclude you from taking your children out of Arizona without a written agreement between both spouses. This order even applies to a planned vacation. The orders in the Preliminary Injunction also prevents the spouse from removing the other spouse from any insurance such as health insurance, car insurance, and disability insurance.
Call the experienced Phoenix and Scottsdale Arizona divorce attorneys at Hildebrand Law, PC at (480)305-8300 to schedule your personalized consultation with one of our Arizona divorce attorneys.