Mandatory Injunction in Colorado Divorce and Family Law
When a person is served with notice of a divorce or legal separation, a mandatory injunction goes into place. The injunction language is located on the petition. An injunction is a court order that prohibits a person from taking certain actions. The injunction is intended to preserve the status quo to the extent possible until the divorce of separation matter is resolved.Mandatory Injunction prohibitions
For one thing, the mandatory injunction prohibits a party from removing the children of the union from Colorado without the consent of the other parent or the court. The good news is that courts will often allow removal for short periods of time, such as for vacations. The goal is that a parent does not remove the children such that the Colorado court no longer has jurisdiction of child custody in the matter. Thus permanent relocations will have to wait until after the proceedings are finalized.
The second prohibition is that the parties can not harass the other. Third, the parties can not hide, destroy, transfer or dispose of marital property, except in the ordinary course of business. This is intended to preserve the marital estate for distribution. Ordinary course of business refers to how the parties customarily spent funds. Spending can vary widely based on income available and customs in the marriage. Practical examples are that you cannot cash in your retirement account, sell property, or transfer funds into someone else’s name. It also means that you should not buy new cars or new homes or take expensive vacations. If you want to spend an unusually large amount of money, you will require agreement from the other party or a court order.
Fourth a party can not cancel or modify insurance policies without the written consent of the other spouse. For example, health, auto, or life insurance policies. This includes allowing the policy to expire due to a lack of payment. Transfers in anticipation of divorce can be reallocated at a final orders hearing as well so be cautious about those. This can constitute dissipation of marital assets.Remedies
What if someone violates the injunction? One relief that may be available tis a contempt of court action. Another avenue is to request that the court enforce the terms of the automatic injunction. Motions to enforce proceed more quickly than motions for contempt, however they do not have the same level of consequences for the violating party.Turning Change Into Opportunity
How can an attorney help? An attorney can assist you in divorce and family law matters by helping you navigate through legal challenges. Determining how the court will view a legal situation can be difficult for those without an in-depth knowledge of the law.
A Colorado Springs divorce and family law attorney can guide you through divorce by negotiating, mediating and litigating. This allows you to focus on moving forward to a better future rather than on spending your time trying to figure out the overly complex court system. Contact us at 719-344-5523 or complete our online form to set up a free thirty-minute informational consultation.