Automatic Stays: Protecting the Financial Interests of the Parties in Divorce


In the past, many matrimonial actions got off to a particularly acrimonious start because one spouse was fearful that the other would transfer and hide assets, cancel insurance and run up debts as soon as they received notice of the divorce. As a result, one party had to go to the expense of making a motion to obtain an injunction preventing to the other spouse from acting financially irresponsibly.

Next week, a new law is goes into effect next month which makes the motion unnecessary. The law automatically enjoins parties from transferring property, relocating children, secreting assets, canceling insurance or running up debts.

The stay will become binding upon the plaintiff when the summons is filed to commence the divorce action and will become binding on the defendant upon service of the summons. The summons will now state that an order is in effect and that...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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