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How Does the Automatic Restraining Order Work?

Recently a client asked for help because her husband is in jail for abusing her. She has no source of income to pay her bills.  She asked if she could sell her household items to survive.

Technically, all assets are marital assets and they belong to both parties equally.  If no divorce is filed, there is no court order preventing you from selling items for your survival.

Once a divorce is filed, there will be an automatic restraining order to prevent the sale, transfer or liquidation of any assets. The automatic restraining order also prevents parties in a divorce from taking out credit in the other spouse’s name.

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