In Arizona, a community property state, all assets acquired by either spouse during a marriage are deemed jointly owned and are typically divided equally in the event of a divorce. A concern among litigants is the potential for either spouse to deplete or hide property before a fair division can be made by the court. To address this, the Family Court issues a preliminary injunction automatically upon the filing of a divorce petition, ensuring that certain activities are restricted during the divorce proceedings.

A preliminary injunction is a court order that explicitly restricts both parties from engaging in specific actions concerning their communal assets and personal conduct. The spouses are prohibited from hiding community property and from transferring, selling or spending any such property without the express written consent of their partner or court approval. The only exceptions are transactions that are part of regular business operations, necessary for daily living or directly related to divorce expenses.

Additionally, the injunction bars both parties from harassing or physically harming each other or their children. It prevents either spouse from relocating the children outside the court’s jurisdiction without appropriate authorization from the court or the other spouse. The injunction also forbids securing loans against community property during the divorce and failing to uphold existing insurance policies.

The injunction warns the spouses that disobeying it may result in being found in contempt of court or being arrested and prosecuted for the crime of interfering with judicial proceedings. The order is effective until a final decree of dissolution is filed or the court cases is dismissed.

Should a spouse need to make transactions involving community assets beyond what is permitted, or if they wish to move the children out of state and are unable to obtain the necessary consent from their partner, they must file a motion with the court. The opposing spouse has the right to respond to this motion, and the court will conduct a hearing to resolve the matter.

Parties involved in a divorce may also seek additional judicial relief, such as restraining orders or temporary financial support for a spouse or children. It is advisable to consult with an experienced Arizona divorce attorney, who can provide guidance on adhering to the stipulations of the preliminary injunction and assist in pursuing other forms of relief during the divorce process. 

If you need assistance with property division and other issues in your divorce, the experienced attorneys at Clark & Schloss Family Law, P.C. in Scottsdale, Arizona are here to help. For a consultation, call us at 602-789-3497 or contact us online.