Divorces are a time of tremendous upheaval. Usually, a divorce means that a couple has been either fighting for a long time or has been distant for a long time. In either case, by the time a divorce petition is filed, courts want to stabilize the situation until all the issues between the divorcing couple can be resolved. To do this, state law provides for an automatic temporary injunction in Oklahoma.
What Is An Automatic Temporary Injunction In Oklahoma?
Every state issues an automatic temporary injunction when a divorce petition is filed. An injunction can do two things. It either prohibits a person from engaging in an action or set of actions, or it ensures that a party engages in an action or set of actions.
In the realm of divorce, an automatic temporary injunction can do a number of things. It usually freezes all marital assets so that one party cannot clean out the bank accounts or sell all the stocks, bonds, or the family home. This prevents either party from taking, selling, encumbering, concealing, or disposing of with any marital property, retirement accounts, or insurance policies without the written consent of the other party or an order from the court.
It does allow regular day-to-day expenditures. As part of the automatic temporary injunction, the court may appoint who takes care of certain bills until more permanent orders can be put in place.
Also, the automatic temporary injunction in Oklahoma covers temporary support and child custody. It prohibits parents from taking or hiding their children. It prevents a parent from taking them out of school. Also, it prevents one parent from taking the child out of state without the express written permission of the other parent.
What Happens When A Spouse Violates The Automatic Temporary Injunction?
In a perfect world, a spouse would always adhere to a court’s orders. But we are human and during a divorce, emotions run high. When that happens, a spouse may end up violating the order. When one spouse violates the order, the other spouse may bring a motion to compel the spouse to obey the order.
Family law judges have a great deal of discretion in crafting remedies for violations. If a husband cleans out one of the bank accounts and the court finds out, the husband may be compelled to turn those assets over to his spouse. This would be in addition to paying the spouse’s costs and attorneys’ fees in bringing the motion.
The orders are meant to be taken seriously. If you have questions about an automatic temporary injunction, bring your questions to an experienced Tulsa divorce attorney.
Free Consultation With A Tulsa Divorce Lawyer
The divorce process is what you make it — the higher the conflict, the more expensive your case becomes. Hiring a skilled and experienced Tulsa divorce attorney ensures your rights are protected and explains all necessary and unnecessary steps in the process.
Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process.
For a free, confidential consultation, call 918-924-5526 now.
