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What is the Standing Order?

When you file for divorce, the court will give you and your spouse specific instructions on what you need to do and what is prohibited until your case is resolved. These instructions are called “automatic domestic standing orders.” If you or your spouse violates the standing order, you can be found in contempt of court.

Every county in Georgia has their own version of their standing laws. Below is a list of several of the rules that you and your spouse must abide by if you file for divorce in Atlanta or anywhere else in Fulton County:

  • You must fill out a domestic intake worksheet that provides financial information and other data to the court.
  • You may not take your minor children out of the court’s jurisdiction.
  • You may not harm or threaten your spouse and children.
  • You may not hide, remove, or dispose of joint marital property.
  • You may not terminate or make changes to your insurance coverage.

These orders are designed to protect you and your spouse during the process of divorce. They make sure that one spouse does not take the children away to a different state or remove all of the funds from a joint bank account until the divorce is finalized.

If from the beginning of the divorce process the party filing for divorce feels that there is a risk that the other party may act in a threatening or harassing manner or tamper with funds, a request for a Temporary Restraining Order (TRO) is issued and filed with the court once the divorce petition is filed.

When family violence is an issue, a Protective Order may be filed. While the process is similar to filing for a TRO, it is more complex and needs to be discussed with the family lawyer. Where warranted, the police will also be involved.

 

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