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Temporary Restraining Provisions

Posted by Gerald Williams 
· July 20, 2021 
· No Comments

When a divorce proceeding begins, both of the parties are subject to restraining provisions to avoid bad-faith financial tactics. Neither party may dispose of assets except for the necessities of life, the necessary generation of income or preservation of assets, by an agreement in writing, or for retaining counsel to carry on or to contest the divorce proceeding. That is to say, that the parties should be doing nothing unusual unless (a) both parties agree in writing; or (b) one of the parties is utilizing marital funds to obtain or maintain legal representation in the divorce.

This rule takes effect as soon as the petitioning party serves process on the responding party, or the responding party acknowledges service of the petition. And the rule applies to the petitioning party at the same time as it applies to the responding party.

If the parties are jointly seeking the divorce (i.e., with a Joint Petition for Marriage Dissolution), then the rule applies to both parties once the Joint Petition is filed with the court.

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Minnesota divorce attorney, Gerald O. Williams, represents clients in divorce and family law primarily in the communities of Woodbury, St. Paul, Minneapolis, Eagan, Inver Grove Heights, Cottage Grove, Maplewood, Oakdale, Lake Elmo, and Stillwater, as well as the greater seven county metro area including Washington, Ramsey, Hennepin, Dakota, Anoka, Scott, and Carver.