Divorce 101: What are ATRO’s?

Definition:

Automatic Temporary Restraining Orders (ATRO’s) accompany a Petition for Dissolution of Marriage and are printed on the back of the Summons (FL-110). These restraining orders prohibit the disposal of property by any methodology. They are effective on the Petitioner as soon as the Petition for Dissolution is filed and the Respondent when the Petition is served on them and remain in effect until the Petition is dismissed, a judgment is entered or the court makes further orders. The orders restrict a party from:

  1. Removing a minor child from the state;
  2. Cashing, borrowing against, canceling, transferring, disposing of or changing beneficiaries on life, health and other insurance;
  3. Transferring, encumbering, hypothecating, concealing or in any way disposing of any property;
  4. Creating a non-probate transfer during dissolution proceedings without the consent of the other party or an order of the court.

Why are ATRO’s important?

Automatic Temporary Restraining Orders are important because they provide a broad freeze on all assets held by either party.  This is intended to prevent parties from hiding or disposing of their assets, which is a common reaction after divorce filings. Further, ATRO’s will make the job of tracing assets easier as transactions post separation will be limited.

Understanding this information could play a significant role in your post-divorce future. Hiring an experienced CDFA will ensure a more secure, comfortable future for YOU.  Make sure you sit down with us at Pacific Divorce Management before finalizing your settlement agreement.