Muskogee Lawyer BlogWhat is an Automatic Temporary Injunction in Oklahoma Divorce?

What is an Automatic Temporary Injunction in Oklahoma Divorce?

What is an Automatic Temporary Injunction in Oklahoma Divorce?

In Muskogee, Oklahoma, after a divorce petition has been filed and served, a temporary injunction goes into effect that controls the behavior of the divorcing partners. It is automatic, which means neither party needs to petition for it. It is temporary in the sense that it is lifted after the final divorce order is issued.

Rationale for Temporary Injunctions

When you and your spouse know that a Muskogee divorce is inevitable, neither of you can necessarily be trusted to be on your best behavior. One or both of you may start doing things meant to put yourselves at an advantage after the divorce or to hurt the other party.

A mother who cares for young children may want to hurt their father who dotes on them by moving them to some secret location.

Sometimes, one spouse may decide to alter marital assets in a way that will give them a financial advantage post-divorce.

Details About Temporary Injunctions

An automatic temporary injunction has provisions for the following,

  1. It restrains both parties in the divorce from using the marital property for any other purposes other than for everyday living and to retain a lawyer. Both parties cannot transfer, encumber, conceal, or dispose of the marital property without the written consent of the other party or a court order. If any of the parties has an extraordinary expenditure, they must notify the other party and brief the court of all extraordinary expenses made since the injunction took effect.
  2. It restrains both parties from damaging or destroying property belonging to one or both of them. This property includes electronically stored materials and communications.
  3. It restrains both parties from making any withdrawal for whatever purpose from any employee benefit plan, employee savings plan, individual retirement account, or Keogh account.
  4. It restrains the parties from borrowing or withdrawing in any manner any part or all of the cash surrender value of any life insurance policy on any of the parties or the children.
  5. The parties are restrained from in any way changing or altering the designated beneficiary on any life insurance policies on the life of either of the divorcing partners or any of the children.
  6. The parties are restrained from altering or canceling casualty, automobile, or health insurance policies insuring any one of the parties or their property.
  7. The parties are controlled from opening or diverting mail addressed to the other party.
  8. The parties cannot sign or endorse the other party’s name on any negotiable instrument, check, or draft such as tax refunds, insurance payments, and dividends.
  9. All insurance policies active at the time one of the parties files for divorce must be maintained.
  10. Both parties are expected not to disturb the peace or harass/molest the other party or the children from the marriage.
  11. The injunction prevents both parties from disrupting or withdrawing their children from an educational facility, program, or day care that they have been attending since before the divorce was filed.
  12. Both parties are forbidden from hiding the children from the marriage from the other party. Keeping the children at a location unknown to the other is considered kidnapping.
  13. The injunction prevents both parties from removing minor children who were born out of the marriage from the State of Oklahoma, whether acting alone or in concert with others (except for vacations of two weeks or less in duration) without the consent of the other party. The other party is expected to be reasonable and not unnecessarily withhold consent.
  14. The injunction has a requirement of expecting each party to deliver certain documents to the other party within 30 days.

Getting Help

Have you been served with an Oklahoma divorce petition or have you filed one? You will need an experienced and skilled Muskogee divorce attorney by your side so that you comply with all the requirements of the automatic temporary injunction and all laws that apply to you until the final divorce order is issued.

Do not walk into your divorce without having one of the best Muskogee divorce attorneys at your side. Our lawyer will counsel you on the best course of action and ensure you comply with all requirements of the law.

Confidential Consultation: Muskogee Divorce Attorney

If you are commencing your divorce proceeding and are wondering about all the laws that affect you and how best to handle the issues you will face, talk to a lawyer today.

Call (918) 913-0725 or toll-free at 1 (888) 447-7262 (Wirth Law) for free expert legal advice.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or message.

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