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How Automatic Temporary Restraining Orders Help You

When you file a California divorce, on the reverse side of the Summons appear several automatic orders. These orders are designed to maintain the status quo until your divorce is final. You can always enter into an agreement with your spouse to set one or all of them aside, but absent an agreement or a court order, they always apply. In my opinion, the most important orders are 1) the prohibition against taking your children out of state without the other party's written consent or a court order; 2) and not canceling or otherwise terminating insurance coverage.

The insurance coverage order is extremely important. In many situations, you and your spouse will have joint assets that need to be divided, such as a house, bank accounts, or vehicles. Keeping insurance in place is of course a good and common sense tool to prevent and or mitigate loss.

For example, H and W are separated and going through a divorce. They jointly own a home. H is the major breadwinner and is responsible for maintaining all policies of insurance. W causes a major automobile accident and victim (V) is badly injured. V will most likely make a claim against W's auto insurance policy. If H violates the order by canceling the insurance, then V will most likely sue W, obtain a Judgment and attach assets in W's name including the house. If the house is then lost, the community loses the home and H loses his interest in the home. This could have been prevented if H complied with the order and kept the insurance in place.

V does not care if W and H are divorcing. Neither does the law. V will go after anything with W's name on it. The best advice for divorcing couples is keep your insurance policies current and updated. This will preserve the integrity and value of the community estate.