Once divorce proceedings have begun in California, both spouses must follow a set of temporary restraining orders.
Standard Family Law Restraining Orders prohibit spouses from making certain major financial changes or relocating children without each other’s consent. This helps to protect both children and shared assets during the divorce process.
Child relocation prohibitions
Once a parent has filed or received a divorce Summons and Petition, he or she cannot remove a minor child from the state unless the other parent provides prior written consent. Additionally, neither parent can apply for a new or renewed passport for minor children.
Financial restraining orders
SFROs also require spouses to seek permission for purchases, expenditures or other financial actions that are out of the ordinary for typical day-to-day living or business needs. While spouses may use assets toward legal or court costs, the law prohibits them from:
- Making changes to insurance coverage, including health, life, disability and automobile policies
- Gifting, transferring or hiding assets, whether they are separate or community property
- Creating or altering a non-probate transfer, such as a revocable trust or transfer-on-death deed
Financial disclosures and hidden assets
Early in the divorce process, both spouses must sign a financial affidavit disclosing all assets, debts and income.
If either spouse attempts to conceal assets from the court, it could impact a judge’s custody and property division decisions in favor of the other party. Additionally, the dishonest spouse may have to cover the other’s attorney fees, pay a fine to the court or even face charges of perjury.