What is a Preliminary Injunction?

When you file for divorce in Arizona, there are a few documents that need to be filed, each serving a different purpose. Documents include The Petition for Dissolution of Marriage, Summons, Sensitive Data, Notice Regarding Health Insurance, Notice to Creditors, Notice and Order to Attend Parent Information Class (of minor children are involved), and a Preliminary Injunction.

In short, a preliminary injunction is a legal action preventing one party from continuing a course of action until the merits of the legal case have been determined. A preliminary injunction is filed as part of The Dissolution of Marriage by the Petitioner, the spouse filing for divorce, to prevent action or behaviors.

In the State of Arizona, you must establish residency of 90 days in order to file for divorce. If there are minor children, the children must have lived in Arizona for six (6) months to call Arizona their home state.

Minor Children

In cases where minor children are involved, a preliminary injunction prevents the Respondent, the spouse who is served divorce papers, from removing the couple’s common children from the State of Arizona without written agreement between parties or by court order.

Community Property

Under a preliminary injunction, spouses are not able to sell or give away community property, earnings, or take out new loans on existing community property. That means one spouse can’t take out a new mortgage on the family home to cover their legal or other expenses, for example.

Harassment

Parties must also not harass each other or their children while the injunction is in effect. Of course, we don’t ever think harassment is the best course of action, no matter how high the emotions. If you’re feeling overwhelmed about your divorce, we recommend seeking counseling rather than taking action against your spouse.

If you or a loved one have questions about filing a Petition for Dissolution of Marriage in Arizona, please make an appointment for a FREE CONSULTATION with Stuart & Blackwell today.

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