Divorce Guide

Divorce Guide

Automatic court orders in a DIY divorce

Court order or the order of the court is the written document which contains instructions from the court. These are orders made by the judge in writing. The oral statements made by the judge in the courtroom maybe interesting, but does not carry force of law unless in writing. So, both the parties involved in the case are required to act in response to the judge’s statements as in the document, the knowing violation of which constitutes contempt of court.

The court orders are issued automatically in response to your initiation towards the divorce. Automatic court orders become effective as and when you sign the complaint and file the divorce at court clerk’s office. If you are an applicant, these protect you and your children (if any). If you are the other party, respondent, then orders apply to you when you are served with a complaint. Thus, automatic court orders apply to both the parties; with processing of the complaint or annulment or an application of custody or visitation etc. the orders remain in place during case.

The orders remain in place till the action is pending, gets terminated, modified or amended by judicial orders upon motion of either of the parties. The orders are not applicable if there are some contradictory judicial orders. Also, as the court orders are issued you cannot sell your property, or take bank loan or any other kind of debt or anything of joint possession without consent of your spouse. Also, no changes can be made in medical or life insurance policies (if any). One cannot force your spouse or children to leave the home. Automatic court orders prevent you or your spouse or children (if any) from moving out of the state. The court may also ask you and your spouse to attend programs like parenting education and decide over child custody and visitation issue. One must intimate the other party about his/her new residential address for mailing purposes. The court orders must be obeyed till final judgment of the divorce case otherwise you are held in contempt of court and it could be punishable. If you object the orders or want them to be changed then, you may file a written request at court clerk’s office asking or moving the court to grant a temporary order. It is called motion for modification. This allows you to have a court hearing before judge and claim for modifications.

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