{"id":2974,"date":"2017-10-24T08:59:18","date_gmt":"2017-10-24T15:59:18","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?page_id=2974"},"modified":"2022-12-14T12:10:23","modified_gmt":"2022-12-14T19:10:23","slug":"preliminary-injunction-divorce","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/preliminary-injunction-divorce\/","title":{"rendered":"What is a Preliminary Injunction in an Arizona Divorce?"},"content":{"rendered":"
Usually a divorce proceeding is a very confusing and emotional time, so it is a good idea to be clear about what will happen. Once it is evident that the marriage is over, you will be involved with the legal system. Since divorce involves so many important areas of life, including children, property, assets and your emotions compounded with the fact that the law must cover from the most amicable of proceedings to the most acrimonious, there are a multitude of procedures to protect everyone and do it in a fair manner.<\/p>\n
If you and your spouse are thinking about getting a divorce or have already decided and would like to speak with a divorce attorney, please contact us<\/a> or give us a call at (480) 467-4348<\/a>. Divorce is a complicated enough situation as it is, working with an experienced family law team can make all of the difference. We want to make sure that both parties are set up for a successful future and that their children, if there are any, are thought of first and are prepared for the best situation possible.<\/p>\n The first step is to file a petition that requests that the court legally ends the marriage and issues court orders necessary to deal with property, debts, and financial support if children, custody, parenting time and support need to be detailed. It is important to consider every facet that you would like to acquire and in what way, as the court follows these guidelines you have set and does not give you anything that has not been requested.<\/p>\n Once you have filed for divorce, the Clerk of the Court issues the preliminary injunction. This legal document prevents both the husband and wife from taking a multitude of actions while they are settling the divorce. The actions that are restricted try to cover all those important areas of life that need to be dealt with in some way.<\/p>\n It covers children, property, assets, conduct of both parties, insurance and the manner in which the court proceedings will take place. These ordinances of law attempt to set the rules under which a fair settlement can take place.<\/p>\n There are of course restrictions when it comes to the preliminary injunction, which is explained in full depth in ARS 25-315<\/a>. The following are orders that will be directed at each party in the divorce: Since the injunction is a court order, the least that will happen is that you will be deemed as in contempt of court. You could be arrested and charged with interfering with judicial procedure. Your spouse could have this issue made part of the divorce proceedings.<\/p>\nThe First Legal Step to Divorce<\/h2>\n
Preliminary Injunction<\/h2>\n
What are the Restrictions?<\/h2>\n
\nChildren<\/strong>
\nThe children must remain in the province of Arizona. If they are going out of the state, then written permission of the other parent must be obtained.
\nProperty of the Marriage<\/strong>
\nThis involves any property owned by both parties known as joint property; property that is owned by both people, known as common property; and property that is called community property, such as earnings. Both parties may not hide, distribute to others, or remove in any way the property, nor may they take out a loan on the same property. In order to conduct business, you may need to transfer property or if the sale of property is needed for the necessities of life, such as food, shelter, clothing or legal fees, this can be arranged through a lawyer on an individual basis.
\nInsurance<\/strong>
\nThe insurance must be kept as it existed for the family and that includes hospitalization, dental, medical, automobile and disability insurance.
\nBehavior<\/strong>
\nBoth parties may not injure, molest, threaten, or physically assault each other.<\/p>\nConsequence for Infractions<\/h2>\n
Making the Injunction Legal and Binding – Service of Papers<\/h2>\n