Explanation of Temporary Injunction

June 8, 2015 6:31 pm

When a divorce is filed, a temporary injunction is automatically put in place. The temporary injunction intends to keep the status quo and create a fair playing field pending a Temporary Injunction final divorce. The temporary injunction order prevents both parties from transferring, encumbering, concealing, or in any way disposing of any marital property.  Thus, the only allowable exceptions include acts done in the normal course. Thus, this means that you can continue paying bills and other necessary things in life. Use of funds by the parties is also allowable to pay their legal fees in connection with the divorce.

Temporary Injunction Orders Limit Bad Behavior:

Intentionally or knowingly damaging or destroying the tangible property of the parties. This includes any electronically stored materials and communications. Also included is social network data data, financial records, and any document that represents or embodies anything of value.  The law also forbids withdrawing for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan.
1. Withdrawing or borrowing the cash surrender value of any life insurance policies on either party or their children,

2. Changing or in any manner altering the beneficiary designation on any life insurance policies on the life of either party.

3. Canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties’ property or persons,

4. Opening or diverting mail addressed to the other party, and

5. Signing or endorsing the other party’s name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instruments payable to either party without the personal signature of the other party,

6. Additionally, as part of the automatic temporary injunction orders, parties are required to maintain all presently existing health, property, life and other insurance which the individual is presently carrying on any member of this family unit, and to cooperate as necessary in the filing and processing of claims. Meaning that any employer-provided health insurance currently in existence needs to remain in full force and effect for all family members during the pendency of the divorce action.

Temporary Injunction Involving Divorce With Children:

In regards to a divorce with minor children, per the automatic temporary injunction orders, neither party is to:

1. molest or disturb the peace of the other party or of the children to the marriage,

2. disrupt or withdraw their children from an educational facility and programs where the children historically attend, or day care,

3. hide or secret their children from the other party,

4. remove the minor children of the parties out of the State of Oklahoma, except for vacations of two (2) weeks or less duration, without the prior written consent of the other party.

Finally, the law also provides that parties are to exchange initial financial information.  All these automatic orders help to establish a fair playing field and more importantly aim to make sure that children are not at odds with the parents or brought into a situation clearly meant for adults.

Violation of these orders may result in contempt citations.  These are quasi-criminal actions, that can result in the violating party going to jail for a period of six months, but may directly affect alimony, property and debt division.  Most noteworthy though is the effect on child custody and visitation.

You may be interested in reading this article: mediation in divorce and family law

Contact a Tulsa Divorce Attorney:

For more information on divorce or any other family law questions call us today at 539-302-0303. Get a free consultation with one of our attorneys at our Tulsa office today.