When a California divorce or legal separation case begins, certain restrictions can take effect automatically. These are known as Automatic Temporary Restraining Orders, commonly called ATROs.

Unlike a Domestic Violence Restraining Order, ATROs do not require allegations of abuse. They are standard restrictions connected with the commencement of a marital action and are designed in part to prevent either spouse from making certain significant changes involving children, property, insurance, and estate-related transfers while the case is pending.

When Do the ATROs Take Effect?

The timing is different for each spouse.

For the spouse who files the case, the ATROs become effective when the petition is filed and the summons is issued.

For the responding spouse, they generally become effective when that spouse is personally served with the petition and summons or waives and accepts service.

Once effective, the restrictions generally remain in place until a final judgment is entered, the petition is dismissed, or the court makes another order.

Either spouse may ask the court to modify or revoke the automatic restrictions when appropriate.

What Do the ATROs Restrict?

The ATROs cover several important areas.

When the parties have minor children together, a parent is restricted from removing those children from California without the other parent’s prior written consent or a court order. The restrictions also address applying for a new or replacement passport for a minor child.

Insurance is another major area. The ATROs restrict actions such as cashing, borrowing against, canceling, transferring, disposing of, or changing beneficiaries of certain insurance or other coverage held for the benefit of the spouses or their minor children. This can include life, health, automobile, and disability coverage.

Can a Spouse Sell or Transfer Property?

The ATROs also place restrictions on dealing with property while the case is pending.

Once the orders apply, spouses are generally restrained from transferring, encumbering, concealing, disposing of, or changing beneficiaries of real or personal property without the other spouse’s written consent or a court order.

Importantly, the restrictions can apply to community, quasi-community, and separate property.

There are exceptions, including transactions in the usual course of business or for necessities of life. The restrictions also do not prevent the use of property for reasonable attorney fees and costs associated with legal representation in the proceeding.

Read the Summons Before Making Major Financial Changes

The ATROs appear on the family law summons, making the summons much more than a document notifying someone that a divorce has been filed.

Before selling property, changing insurance, modifying certain estate arrangements, or taking a child outside California, spouses should understand whether the automatic restrictions apply to the proposed action.

A transaction that might have been routine before the divorce was filed may require written consent or a court order once the ATROs are in effect.