Automatic Orders in a Connecticut divorce are essentially restraining orders, which take effect at the beginning of a divorce case. The Orders are designed to maintain the “status quo” so that one spouse does not take advantage of the other spouse. The Orders attempt to make the early stages of a divorce more efficient and cost effective since it typically eliminates the need to file motions and appear in court for routine issues.
Examples of the Automatic Orders include preventing the children from being moved out of state, selling or disposing of any assets, and changing beneficiaries of any insurance policy.
An often over-looked aspect of these Orders is that it provides that if the parents of minor children live apart during this proceeding, they shall assist their children in having contact with both parties, which is consistent with the habits of the family, personally, by telephone, and in writing.
The Automatic Orders start for the Plaintiff when the divorce complaint is signed. For the defendant, the Orders start once he/she is served with the divorce complaint.
A few points on Automatic Orders:
A judge has the authority to modify the Automatic Orders upon a motion filed by either party. In addition, for certain Orders the parties can agree on their own to modify them, in writing.
The Orders do not apply if there is a prior contradictory order (i.e. criminal protective order).
Failure to obey the Automatic Orders may result in a Contempt finding.
I represent clients in Connecticut Family Court and Divorce proceedings though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.