What Happens After Divorce?
We fight to make your life better… by teaching you what to expect during a divorce.
Understanding ATROs in California Divorce Cases
At the Law Office of Sean Musgrove, we fight to make your life better by preparing you for the road ahead. One of the first questions we hear from clients—whether they live in Folsom, Sacramento, or anywhere else in California—is: “After filing for divorce, what should I do to protect myself and avoid unnecessary mistakes?”
A key part of answering that question is understanding Automatic Temporary Restraining Orders, known as ATROs. These are not related to domestic violence restraining orders; rather, they are general court orders issued in every divorce case in California. ATROs are designed to keep both parties from taking unfair actions while the divorce is pending.
Judges often describe ATROs as rules of basic civility—intended to keep the process fair, prevent retaliation, and preserve the status quo.
We believe that when clients understand what ATROs do and how to comply with them, they can avoid legal pitfalls and stay focused on the outcome that matters. We help our clients navigate these rules and take steps to hold the other party accountable if ATROs are violated.
What Are ATROs?
Automatic Temporary Restraining Orders (ATROs) are court orders that take effect the moment a divorce petition is filed. If you are the petitioner, you are bound by the orders when you file. If you are the respondent, you are bound as soon as you are served with the papers.
These orders are printed on the back of the Summons (Form FL-110) and remain in effect until your case is dismissed, a final judgment is entered, or the court specifically modifies or terminates them.
Why Do ATROs Exist?
Divorces can bring out strong emotions and a sense of urgency. To prevent either spouse from making rash or damaging decisions, California law imposes a set of automatic rules. Think of ATROs as legal guardrails—they help ensure neither party makes moves that could jeopardize property, finances, or parental rights before the court has had a chance to weigh in.
What Do ATROs Prohibit?
ATROs apply equally to both spouses and prohibit the following actions without a court order or written agreement from the other party:
- Removing minor children from California: You may not take your child or children out of state without permission, unless they were already living elsewhere when the case was filed.
- Transferring or hiding assets: This includes any community, quasi-community, or separate property. You may not move money to another account, transfer property to another person, or hide valuable items. Normal business activity and necessities of life are allowed, but anything else may be a violation.
- Pledging assets as collateral: You may not use community property to secure a loan or credit line.
- Modifying insurance coverage: You may not change, cancel, or cash out any insurance policies, including health, auto, life, and disability insurance. This also includes removing beneficiaries or dependents.
- Making extraordinary expenditures: Any significant spending outside the norm requires five business days’ written notice to the other party and may need to be reported to the court.
Violating ATROs can have serious consequences—including monetary sanctions or being held in contempt of court. If you’re unsure whether a certain action is allowed, speak with an attorney first.
How We Help
At the Law Office of Sean Musgrove, we help clients avoid violations of ATROs by proactively guiding them through the dos and don’ts of their divorce case. If your spouse breaks the rules, we take action to ensure accountability. ATROs are an important part of protecting your interests during divorce—and we take that responsibility seriously.
Need guidance on how to move forward?
Call our Divorce Attorney Team today at (916) 965-4577 or contact us online. Our Folsom-based firm proudly serves clients throughout the Greater Sacramento area and across California.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized guidance regarding your situation, please consult a licensed attorney.