When a divorce case is filed, the parties to the case are forbidden from doing certain things. The law provides that upon the filing of a divorce, an injunction shall be in effect against both parties. The purpose of the injunction is to maintain the status quo until the divorce is finalized.
Protecting the Marital Assets During a Divorce
The injunction keeps both parties from transferring, assigning, borrowing against, concealing or in any way dissipating or disposing of any martial property without the consent of the other party or an order of the court. The injunction does not keep either party from spending money to maintain the marital standard of living and the usual and ordinary costs of operating a business.
What Happens to the Insurance Policies During a Divorce?
The injunction also requires the parties to maintain all insurance policies in effect at the time the divorce is filed. This includes life, health, disability, homeowners, renters and automobile insurance. In essence, any policy that cover either parties or the children, whether as an insured or the beneficiary of a policy.
Protection Against Harassment While a Divorce is Pending
The injunction also restrains both parties from harassing, threatening, assaulting or abusing the other and from making disparaging remarks about the other to or in the presence of any children of the parties or to either party's employer.
Protecting and Preserving Evidence During a Divorce
Additionally, neither party can hide, destroy or spoil any evidence electronically stored or on computer hard drives or other memory storage devices. This includes Facebook and other social media accounts.
You Can’t Move With the Kids During a Divorce
Finally, neither party can relocate any children of the parties outside the state of Tennessee, or more than fifty miles from the marital home, without the permission of the other party or an order of the court. The only exception is in the case of a removal based upon a well-founded fear of physical abuse against either the fleeing parent or the child.
Tips to Keep in Mind While Getting Divorced
The following things should be kept in mind regarding the injunction:
The injunction becomes the equivalent of a court order
A violation of the injunction can be punished by contempt and result in the violator spending ten day in jail for each violation
The injunction only applies to the spouses named in the divorce
Either party can request the court to issue a more restrictive injunction
Either party can request the court to modify or revoke the injunction
Both parties must maintain records of all expenditures and provide copies to the other party upon request
A similar injunction is now also required in child custody cases in addition to divorce cases. Also, several courts have ruled recently that cancelling insurance policies, destroying evidence and otherwise dissipating assets immediately before filing for divorce in an effort to avoid the requirements of the automatic injunction, will not be tolerated. You might just find yourself having to pay back money or change beneficiaries on insurance policies if you try to avoid the injunction in such a manner.
A copy of the law relating to the automatic injunction can be found here. A copy of the automatic injunction can be found here.