Home » Uncategorized » Divorce Commencing the Action and the Automatic Orders – The Continuing Need for a Restraining Order

Divorce Commencing the Action and the Automatic Orders – The Continuing Need for a Restraining Order

Scales

There is a requirement that Automatic Orders be attached to every summons commencing a Divorce Action in New York State.  We have included a copy of those Orders below.  The Orders are designed to prevent parties to a divorce action from secreting or frivolously spending assets after the commencement of the action. the exception is the “usual course of business, for customary and usual household expense or for reasonable attorneys fees.

The Automatic Orders are effective but do not replace the need for a restraining order.  The restraining order freezes the assets and prevents use of the asset.  Significant assets need to be protected by a Temporary Restraining Order, ordered and signed by a Judge.

NOTICE OF ENTRY OF AUTOMATIC ORDERS (D.R.L. 236) Rev. 1/13

FAILURE TO COMPLY WITH THESE ORDERS MAY BE DEEMED

A CONTEMPT OF COURT 

PURSUANT TO Uniform Rules of the Trial Courts, and DOMESTIC RELATIONS LAW

  • 236, Part B, Section 2, both you and your spouse (the parties) are bound by the following AUTOMATIC ORDERS, which have been entered against you and your spouse in your divorce action pursuant to 22 NYCRR §202.16(a), and which shall remain in full force and effect during the pendency of the action unless terminated, modified or amended by further order of the court or upon written agreement between the parties:
  • ORDERED: Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attorney’s fees in connection with this action.
  • ORDERED: Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of any tax deferred funds, stocks or other assets held in any individual retirement accounts, 401K accounts, profit sharing plans, Keogh accounts, or any other pension or retirement account, and the parties shall further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind, without the consent of the other party in writing, or upon further order of the court; except that any party who is already in pay status may continue to receive such payments thereunder.
  • ORDERED: Neither party shall incur unreasonable debts hereafter, including, but not limited to further borrowing against any credit line secured by the family residence, further encumbrancing any assets, or unreasonably using credit cards or cash advances against credit cards, except in the usual course of business or for customary or usual household expenses, or for reasonable attorney’s fees in connection with this action.
  • ORDERED: Neither party shall cause the other party or the children of the marriage to be removed from any existing medical, hospital and dental insurance coverage, and each; and each party shall maintain the existing medical, hospital and dental insurance coverage in full force and effect.
  • ORDERED: Neither party shall change the beneficiaries of any existing life insurance policies and each party shall maintain the existing life insurance, automobile insurance, homeowners and renters insurance policies in full force and effect.

IMPORTANT NOTE:  After service of the Summons with Notice or Summons and Complaint for divorce, if you or your spouse wishes to modify or dissolve the automatic orders, you must as the court for approval to do so, or enter into a written modification agreement with your spouse duly signed and acknowledged before a notary public.


Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: