California Divorce Summons Standard Family Law Restraining Orders
Today we’re talking a little bit more about the FL-110 the summons.
In the previous video we just recorded, we mentioned that it did change for January 2014. And I want to talk a little bit more about standard family law restraining orders which if you have copies of the summons it’s on page two.
I want to talk about some of these restraining orders that are going to affect what they kind of mean. So what it says is “starting immediately, you and your spouse or domestic partner are restrain form”, one, removing the minor children of the parties from the state. And then it goes on with a little more detail.
Number two, cashing, borrowing against, cancelling, transferring, disposing of or changing of beneficiaries of any insurance and then it talks about the different insurance policies. Transferring, encumbering, hypothecating, or any other way disposing of property, real or personal whether community or separate and then it goes on.
You can read this one through four. So, essentially they don’t want you to grab the kids and take them out of state. They don’t want you to cash or cancel or transfer as far as your insurance is.
So, basically you’re supposed to live on your spouse as a beneficiary until the divorce is concluded. As far as the community property and separate property issues is basically just don’t do any of these thing, don’t close accounts, transfer money, etc.
But then it says without the written consent of the other party or an order of the court.
What I tell people is aside from all these restraining orders, you can do all of these things if you are in agreement with your spouse, that’s really what it boils down to.
It doesn’t mean you can’t start dividing up your property while you’re going through the process of divorce.
If you have an agreement, hey we’re going to split this account, we’re going to start selling the cars and transferring titles, and doing those things. You’re totally welcome to do that as long as it’s by agreement.
These restraining orders are put in place to protect one of the parties, if someone whose going to do something in a mean way to try and remove the kids or take them off the beneficiaries or take all the money out of the account so there’s no access to money by the other party.
So, that’s kind of the spirit of the law of why these rules for the summons you want to do by the most part with agreement, you can do in dividing your assets and debts throughout the divorce process.
I just want to clarify that some people when they come in they say “Tim, we want to start dividing I per stuff”, it’s totally amicable and this says we can’t do it.
If it’s by agreement, it’s acceptable to do because this is just between you and your spouse, if this is going to remain outside of the court so, no reason you can’t start getting those things separated prior to the divorce being finalized.
Tim Blankenship of divorce661.com, if you need help with your divorce in California please give me a call at 661-281-0266 or go to divorce661.com for more information.