Automatic Orders and Divorce Mediation
What are the Automatic Orders?
The Automatic Orders are a set of rules divorcing couples must follow during the divorce process. They become orders of the Superior Court when divorce papers are served. They limit each party’s ability to, among other things, move assets, cancel insurance coverage, go into excessive debt and overspend.
How can we pay our bills during the divorce?
The Automatic Orders do not prevent you from continuing to pay your usual and customary household expenses.
What if we need a new car during the divorce process?
The Automatic Orders prohibit you from making large purchases without your spouse’s consent, but you can still take these actions if you agree. If you and your spouse decide it’s time for a new car, you can buy one.
Are the Automatic Orders only about handling money during divorce?
No. They also include rules regarding your minor children. For example, they prevent you from moving out of your state with your children without either your spouse’s consent or a court order. Also, if you are living apart, you must help your children see your spouse and keep your spouse informed about where you live.
How do the Automatic Orders affect my house during the divorce process?
If you are still living with your spouse, the Automatic Orders prevent you from denying your spouse access to the house by, for example, changing the locks. If you are no longer comfortable living with your spouse, you may be able to have the Court order your spouse to leave.
How do the Automatic Orders apply in Divorce Mediation?
In divorce mediation, we usually do not serve divorce papers on your spouse. Typically, service of the Summons and Complaint which start the divorce action, is waived. Once you have completed mediation and made all of your decisions the case is initiated by agreement. The Agreement to Mediate, which sets forth the rules for mediation, states that you both agree to follow the Automatic Orders voluntarily.
Most couples who engage in divorce mediation are comfortable that their spouse will not hide assets or otherwise violate the Automatic Orders. That said, some couples prefer to file papers with the court earlier in the process because they want to have the Automatic Orders in place just in case. It is important to note that in divorce mediation you do not forfeit your right to investigate each other’s finances. Each of you may see any financial documentation you request.
If you would like to learn more about Divorce Mediation and the Automatic Orders, call me at (203) 222-1202.
