Family Law Friday
Today’s Topic: What is a Standing Order?
A Standing Order is an order issued by the judge right when a divorce case is filed and sets ground rules for the parties. It is a court order so violating it may be cause for a contempt of court enforcement action so you definitely have to be informed and go along with what they say.
Most every jurisdiction in the country has some form of standing order. They do vary but they basically have the following elements:
1. No Disruption of Children:
Basically, this just says you can’t take the child out of the state, withdraw them from their school or daycare without the other parent’s consent and you can’t hide the child or change your address and not give your ex notice. The courts want stability for the kids. There is usually a no-badmouthing clause in there too.
There may also be an order to enter into a temporary parenting plan asap.
2. Conduct of the Parties During the Case:
You should remain as cordial as possible with your ex, being careful not to speak to them in an offensive manner. Again, no badmouthing. No threats. Act like mature adults.
3. Preservation of Property and Use of Funds During Divorce Case
This is language that would instruct you not to do anything with your property while your case is pending. Also no wasting or dissipating – no racking up a bunch of charges on credit cards, taking out of loan, or really incur any debt during this time – that is, without written permission from your spouse.
You can live your daily lives – maintain status quo. However the bills were being paid that’s what has to keep happening.
Personal and Business Records in Divorce Cases
No destroying any personal records such as financial statements from your bank, tax returns, deeds, birth certificates, income statements from your work like a check stub etc. Just keep track of them, and give the requested ones to your attorney.
Insurance in Divorce Case
No cancelling, changing, or interfering with any insurance while the case is pending; this includes car insurance, health insurance, life insurance, etc.
The judge wants to be able to take stock of what’s going on. Courts know that people lose their minds in divorce and do rash and crazy things. Standing orders are meant to minimize that crazy conduct.
That’s it for today.
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I’ll see you on Monday for Monday Divorce Motivation. In the meantime, have a great weekend. And remember, you’re only one step away from the life you want. Together, we’ve got this.