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What are Automatic Orders in a Divorce Action?





Automatic Orders are a set of temporary restraining Orders issued by the court in every divorce case filed in New York. Typically they are always served with the Summons and Complaint, and they go into effect when a divorce action is initiated. The purpose of these Orders are designed to maintain the status quo and protect the interests of both parties during the divorce process. Automatic Orders cover a range of issues to ensure that neither party takes actions that could harm the other or the marital assets during the divorce process. 


For example, the Automatic Orders place restrictions on transfers during a divorce action.  Specifically, neither party can sell, transfer, encumber, conceal, or otherwise dispose of any marital property without written consent from the other party or a court order. This prevents one spouse from dissipating marital assets to the detriment of the other.  Automatic Orders are important to prevent either party from disposing of marital property or incurring significant debt.  They are in place help safeguard the assets of both spouses. Violating Automatic Orders can have serious consequences. A party found to have violated these orders may face penalties, including monetary sanctions, loss of rights, and even contempt of court charges.

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