What are ATROs?

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Once you file for divorce and the divorce Petition is served, you must follow the automatic temporary restraining orders (ATROs) printed on the back of the Summons. These ATROs prohibit several actions during the pendency of your divorce unless you and your spouse both agree in writing NOT TO follow the ATROs.


By filing for divorce, you acknowledge and agree that you will not:


1.     Remove your minor children from the state or apply for new or replacement passports on the childrens’ behalf without the prior written consent of each other or an order of Court;


2.     Cash, borrow against, cancel, transfer, dispose of, or change the beneficiaries of any insurance or other coverage, including life, health, automobile and disability insurance for you, your spouse, or your children.


3.     Transfer, encumber, conceal, dispose of any property, real or personal, whether community, quasi-community or separate, without the written consent of each other or an order of Court, except in the usual course of business or for the necessities of life;


4.     Create a non-probate transfer or modify a nonprobate transfer in a manner that affects the disposition of the property subject to the transfer without the written consent of each other or an order of Court. Also, before revocation of a nonprobate transfer can take effect, or a right of survivorship to property can be eliminated, notice of the change must be filed and served on each other.

What is a Lis Pendens?

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A Lis Pendens or Notice of Pendency of Action prevents the opposing side in your divorce from encumbering real property in violation of an Automatic Temporary Restraining Order. 
Do you need a Lis Pendens? Only if you have real property that you think may be encumbered during a divorce.


To issue a Lis Pendens, you will need to a the Notice of Pendency of Action with the Court Clerk and then Record that Notice at the County’s Recorder office.  Here are some requirements, a Lis Pendens: (1) must be served on the other party, (2) must be identified in the pleading, (3) must be released at the end of the case. 

  

Why does California have community property?

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Does community property seem crazy to you? Bay Area Family Lawyers may explain to their clients that Community Property dates back to 1849 when the California Constitution established a civil law based community property system under its Constitution.  The Constitution stated:  "All property, both real and personal, of the wife, owned or claimed by marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife,  in relation as well to her separate property,  as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property. "


And 1850,  California created law setting forth a community property  system.  Weird, right? Community Property law has undergone a lot of changes since 1850 - but the basic tenant remains the same. All property acquired during marriage - is community.