Many people don’t know this, but when couples begin the divorce process in New York, they are already under orders by a family court. These automatic orders are legally binding and go into effect upon the commencement of a divorce action.
Both parties must follow automatic orders while the divorce is pending or face potentially serious legal consequences. You will hear about automatic divorce orders in court, but it is easy to forget about them in the middle of divorcing.
What is their purpose?
Mainly these orders exist to prevent spouses from altering their assets and debts. Courts want to protect marital property before dividing assets between the two spouses. Here is a brief outline of automatic divorce orders:
- Spouses may not incur unreasonable debt.
- Spouses may not transfer or dispose of marital property.
- Spouses may not change health insurance or remove parties (spouse, kids, etc.) from their coverage.
- Spouses may not remove or change the beneficiaries of existing life insurance policies.
These orders remain in effect until your divorce concludes unless you take steps to alter them.
How can you change automatic orders?
Family courts strive to be reasonable with divorcing parties and know that some divorces require unique solutions. You may petition the court to modify or dissolve automatic orders, or you and your spouse can agree to alter them. With the latter option, both parties must sign a written agreement before a notary public.
Automatic orders are just one thing that everyone divorcing in New York should know about. To become even more informed about state divorce laws, seek guidance from an experienced legal professional.