The Effect of a Preliminary Injunction in a Divorce

One of the most contentious issues in a divorce is property division. This process might seem to be automatic, since Arizona’s community property law deems all property acquired during a marriage to belong to both spouses equally. However, questions can and do arise about whether some property should be considered separately owned, at least to some extent. There is also the pressing need to prevent property from being taken by either spouse for personal use before the divorce is finalized.

To address these issues, the court will — immediately upon the filing of a petition for dissolution of marriage — issue a preliminary injunction that prohibits either spouse from taking certain actions while the divorce is pending. The order will provide that the spouses cannot:

• Transfer, sell or spend any of the community property without written consent of the other party or the permission of the court, except in the usual course of business or for necessities of life or fees related to the divorce

• Harass or commit assault or battery against each other or their children

• Remove the children from the jurisdiction of the court without permission from the court or the other party

• Hide community assets from the other spouse

• Take out a loan on community property during the pending divorce

• Fail to maintain any insurance coverage in effect at the time of the filing

The injunction remains in effect while the divorce case is pending. A spouse who violates it is subject to sanctions and other penalties.

If a spouse would like to sell or transfer community assets and the other spouse refuses to give permission, a motion can be filed with the court to request authorization. The other spouse may file an answer and the court will hold a hearing to decide on a resolution. Either party may petition the court for other relief, such as restraining orders or temporary spousal or child support, if needed. 

A knowledgeable Arizona divorce attorney can provide counsel on complying with the terms of a preliminary injunction and seeking other forms of relief during a pending divorce.

The experienced attorneys at Clark & Schloss Family Law, P.C. in Scottsdale, Arizona can help you with property division and all other issues arising in divorce. To arrange a consultation, call us at 602-789-3497 or contact us online.