What are the Automatic Orders?

David P. Badanes, Esq.

In New York, once a Summons for a Divorce is filed, there are certain “Automatic Orders” that apply to the Plaintiff. And once a Summons is served upon the Defendant, the same “Automatic Orders” apply to the Defendant.

The Automatic Orders are enforceable Court Orders that state the following:

1. During the divorce, neither party can sell any property, including, but not limited to, real estate, personal property, stocks, mutual funds, cars and boats, except in the usual course of business, or to pay for customary and usual household expenses.

2. During the divorce, neither party can remove any funds from an IRA, 401(k) or any other type of pension or retirement account.

3. During the divorce, neither party shall take on any unreasonable debts, except in the usual course of business, or for reasonable attorney’s fees for the divorce.

4. During the divorce, neither party shall remove the other party or any children from any health insurance plan.

5. During the divorce, neither party shall change any beneficiaries on any existing life insurance policy.

6. During the divorce, each party shall maintain existing life insurance, automobile insurance, homeowners and renters insurance policies.

In laymen’s terms, the Automatic Orders are there to keep the status quo as it pertains to your assets.

If you violate the Automatic Orders, then the Court can find you in Contempt of a Court Order and impose serious penalties. It is important that you consult with your attorney, before making any purchases or taking on any unreasonable debts.

The Badanes Law Office has helped numerous clients in their divorce. If you are thinking of getting divorced, call David Badanes and the Badanes Law Office today at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport, Suffolk County and Garden City, Nassau County.

Please “like” us on Facebook to get important industry news, tips and articles.