Divorces and the Automatic Financial Restraining Order

When a divorce is filed in Washington, one of the immediate legal consequences that many people are unaware of is the imposition of an Automatic Financial Restraining Order. This order is a standard practice in several Washington counties and is crucial in ensuring that both parties maintain financial stability during the divorce process.

What is an Automatic Financial Restraining Order?
An Automatic Financial Restraining Order is a court mandate that kicks in as soon as the divorce petition is filed. This order restricts both parties from making significant changes to their financial situation. The goal is to prevent one spouse from squandering or hiding assets, thereby ensuring a fair division of property.

What Does the Order Cover?
The Financial Restraining Order generally prohibits extravagant or unusual spending that could diminish marital assets. However, it does not mean that all financial activities come to a halt. The order allows for the continuation of normal financial transactions required for daily living. This includes paying bills, buying groceries, and maintaining regular household expenses.

Common Exceptions
While the Order is broad, it does recognize the necessity for certain expenditures. For instance, parties are usually allowed to use funds to pay for attorney fees, which are often an unavoidable expense in divorce proceedings. Additionally, the order makes exceptions for emergencies and other times use of funds becomes strictly necessary to cover expenses, such as medical costs or urgent home repairs.

Why is the Financial Restraining Order Important?
The Automatic Financial Restraining Order plays a critical role in protecting the financial integrity of both parties. By preventing any drastic financial moves, it helps ensure that the division of assets can be conducted fairly and equitably. It also helps to avoid the stress and potential conflict that could arise if one party were to misuse marital funds during the divorce process. For example, most orders will prevent a spouse from removing the other from insurance during the divorce.

Note that the Order is changeable by agreement or another court order. For example, if both parties agree to sell their home, it can be done. Similarly, if the Court Orders that the house be sold in opposition to one party, then it can still be done.

What Should You Do?
If you're considering filing for divorce or have already done so, it's essential to be aware of the Automatic Financial Restraining Order and how it could impact your financial decisions. At Magnuson Lowell PS, we can help you navigate the complexities of this order and ensure that your financial interests are protected throughout the divorce process. Contact us today to discuss your case and learn more about how we can assist you during this challenging time.

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