Also known as, Rule 411, this rule acts as a freeze on your assets once a divorce is filed. The rule prohibits you, upon filing a complaint for divorce, or your spouse (once he or she is formally served with divorce papers) from removing or changing any assets. The rule generally states that both parties to the divorce are prohibited from:

  • Selling, transferring, encumbering concealing assigning, removing or in any way disposing of any property, real or personal belonging to or acquired by, either party, except (a) as required for reasonable expenses of living; (b) in the ordinary and usual course of business; (c) in the ordinary and usual course of investing; (d) for payment of reasonable attorney’s fees and costs in connection with the action; (e) by written agreement of both parties; or (f) by Order of the Court.
  • Incurring any further debts that would burden the credit of the other party, including but not limited to further borrowing against any credit line secured by the marital residence or unreasonably using credit cards or cash advances against credit or bank cards;
  • Changing the beneficiary of any life insurance policy, pension, or retirement plan, or pension or retirement investment account except with the written consent of the other party or by Order of the Court.
  • Causing the other party or the minor child(ren) to be removed from coverage under an existing insurance policy, or permitting such coverage to lapse, including medical, dental, life, automobile, and disability insurance. The parties shall maintain all insurance coverage in full force and effect.  The Automatic Restraining order stays in effect throughout the divorce, unless temporary Court Orders are entered to the contrary, or until the final divorce is granted. Parties who violate this rule may be subject to a Contempt of Court action.

The Automatic Restraining order stays in effect throughout the divorce, unless temporary Court Orders are entered to the contrary, or until the final divorce is granted. Parties who violate this rule may be subject to a Contempt of Court action.