When a California divorce or legal separation begins, automatic temporary restraining orders restrict certain actions by both spouses. These orders help preserve property, insurance coverage, and the children’s stability while the case is pending.

They are court orders and must be followed unless modified, revoked, terminated, or otherwise changed through an authorized legal process.

The Orders Begin at Different Times

The automatic orders generally become effective against the petitioner when the petition is filed and the family law summons is issued.

They become effective against the respondent after the respondent is served or formally accepts service. Once effective, the orders ordinarily remain in place until final judgment, dismissal of the case, or a further court order.

Certain Property Transactions Are Restricted

Without the other spouse’s written consent or a court order, neither spouse generally may transfer, conceal, encumber, dispose of, or change the beneficiary of property. These restrictions can apply to community, quasi-community, and separate property.

Exceptions may permit transactions in the usual course of business or for necessities of life. However, those phrases are not unlimited. A spouse should not assume that a large withdrawal, investment sale, refinancing, or transfer is permitted merely because that spouse historically managed the finances.

Extraordinary expenditures generally require advance notice to the other spouse and an accounting to the court.

Insurance and Estate-Planning Changes Are Restricted

The orders generally prohibit canceling, borrowing against, transferring, or changing beneficiaries of insurance maintained for either spouse or their minor children. This may include life, health, automobile, and disability coverage.

Certain changes to nonprobate transfers and survivorship rights also are restricted or require notice. The rules governing wills, revocable trusts, payable-on-death accounts, and joint tenancy interests differ, making legal review important before any change is made.

Children Cannot Be Removed From California Without Authorization

A parent generally may not remove the parties’ minor child from California or apply for a new or replacement passport for the child without the other parent’s written consent or a court order.

This restriction does not itself create a complete parenting plan. Separate custody orders may still be necessary.

Violating an automatic restraining order can result in contempt, financial remedies, an unfavorable property valuation, or other consequences. A California divorce attorney can explain which transactions remain permissible and obtain written consent or a court order before a disputed action occurs.