When New York couples move forward with a divorce, they have many issues to sort through. These include finances, child custody, parenting time and property division. Many of these concerns overlap. While some cases are reasonably amicable with the parties simply wanting to end the marriage and move on, others can be contentious.
To avoid people behaving in vindictive ways, the state has passed laws that put automatic orders in effect to prevent people from specific acts. For example, this is designed to prevent a person from making significant purchases that the other person will be responsible for in full or in part. They will be in effect while the case is pending, but can be modified or amended as necessary. Both sides need to understand what this means and what can and cannot be done because of it.
Property, debt, medical coverage, estate plans and more
The automatic order is in place to stop people from behaving in an untoward manner as the case moves forward.
No decisions can be made regarding assets like real estate, stock holdings, cash, automobiles, sentimental items, collectibles and more. While the order is in place, none of these can be sold, transferred or be disposed of or altered in any other way without the consent of the other party. The same is true for retirement accounts like a 401K, an individual retirement account or other financial vehicles.
A person cannot amass debt without letting the other party know about it. That could include borrowing a significant amount based on credit that the couple accrued during their marriage. Any debt needs to be normal based on their lifestyle during the marriage and the current needs. If they are purchasing food, getting home repairs or need to take certain steps as part of a normal course of business, then it will generally be allowed. Excessive spending, however, could be problematic and be subject to the automatic order preventing it.
Children can be caught in the middle of a divorce and the automatic order strives to prevent that. Since children need medical coverage, dental coverage and other health-related insurance, the order is meant to stop a parent from removing the child. It must remain in effect until the case is settled and a permanent solution is found if there are disagreements or obstacles in covering the kids. Finally, policies that were in effect during the marriage must remain so. That includes a life insurance policy, auto insurance, homeowners insurance and more.
Of course, the parties can negotiate on their own and agree to make changes. It just cannot be done unilaterally. This is to avoid attempts to make the other person’s life unnecessarily difficult. Any discord or concerns can be discussed and settled as part of the divorce case.
Handling the minor and major issues in divorce warrants experienced help
Family law can be a complex. There are laws in place designed to protect people as the case proceeds.
Having communicative and caring guidance that is experienced in sifting through these and other complicated disagreements in a divorce can make a major difference in being shielded and reaching a positive outcome. Knowing what an automatic order is and what it does is just part of the process. Every part of the divorce needs to be given the attention it deserves to reach a fair and acceptable result.