Automatic Temporary Restraining Orders in California Divorce (ATROs)

What ATROs Are and When They Start

Automatic Temporary Restraining Orders — ATROs — are printed on page two of the Summons (Form FL-110) in a traditional California divorce. A joint petition uses Form FL-710 instead. They aren't a separate filing or a request you need to make. They activate by operation of law when the filing and service triggers occur: the petitioner is bound when the petition is filed, and the respondent when served.

The timing works differently for each spouse:

• The petitioner is bound by ATROs from the moment the petition is filed with the court
• The respondent is bound from the moment they are served with the summons and petition

For joint petitions filed under SB 1427 (Form FL-700), both spouses are bound simultaneously from the filing date because the Joint Summons (Form FL-710) imposes ATROs on both parties at once.

ATROs remain in effect until the divorce is finalized, the petition is dismissed, or the court specifically modifies them.

What ATROs Prohibit

The standard ATROs contain four categories of restrictions. Both spouses are subject to all four:

1. No transferring, encumbering, concealing, or disposing of property

You cannot sell, give away, borrow against, hide, or destroy any property — community or separate — outside the ordinary course of business. This means you can't liquidate a brokerage account, transfer the deed on a rental property, cash out a retirement plan, or sell a vehicle without your spouse's written consent or a court order.

The "ordinary course of business" exception is narrow. Spending money on groceries, paying the mortgage, and covering routine bills is fine. Taking $50,000 from a joint savings account and putting it in your brother's name is not.

2. No changing beneficiaries on insurance or other non-probate transfers

You cannot remove your spouse as a beneficiary on life insurance policies, retirement accounts, annuities, or any other non-probate transfer instrument. You also can't change beneficiary designations on payable-on-death bank accounts or transfer-on-death brokerage accounts.

This restriction prevents one spouse from cutting the other out of death benefits during the divorce process. If your employer offers open enrollment during your divorce, you can change your own coverage elections but cannot drop your spouse from an existing policy.

3. No removing minor children from California

Neither parent can take the children out of the state without the other parent's prior written consent or a court order. This applies to vacation trips, family visits, and any other reason.

If you have a pre-booked international trip or a regular out-of-state custody exchange, get written consent from your spouse (email works) or file a request with the court for permission. The restriction is about preventing unilateral relocation or abduction, not about blocking routine travel both parents agree to.

4. No canceling or modifying insurance coverage

Neither spouse can cancel, let lapse, or reduce coverage on any existing health, dental, vision, automobile, or other insurance policy that covers either spouse or the children. If premiums are due, the spouse responsible for the policy must keep paying.

Common ATRO Questions

Can I spend money from a joint account?

Yes — for ordinary living expenses, bill payments, and necessary costs. You cannot drain the account, make large unusual purchases, or transfer funds to a separate account your spouse doesn't know about. If you need to separate finances, do it transparently: notify your spouse, open a new account for your income, and keep paying shared obligations.

Can I sell stocks or rebalance investments?

Routine portfolio management (rebalancing an existing allocation, reinvesting dividends) generally falls within "ordinary course." Liquidating a position to move cash out of reach does not. When in doubt, get written consent or a court order.

Can I refinance the mortgage?

Not unilaterally. Refinancing changes the encumbrance on a community asset and modifies loan terms — both of which implicate the ATRO restrictions. You'd need your spouse's written agreement or a court order approving the refinance.

Do ATROs apply to separate property?

Yes. The orders cover all property, community and separate. This trips up many filers who assume they can freely manage assets they brought into the marriage. The restriction isn't about ownership — it's about preserving the status quo while the court sorts out what belongs to whom.

What Happens If You Violate an ATRO

ATRO violations carry serious consequences:

• Contempt of court — willful violations can result in fines and, in extreme cases, jail time
• Monetary sanctions — the court can order the violating spouse to pay the other's attorney fees incurred in addressing the violation
• Adverse property division — if a spouse dissipates community assets (spending community money on a new partner, gambling, or hiding funds), the court can credit the other spouse's share to compensate
• Evidentiary impact on custody — a spouse who violates the child-removal restriction may face an adverse inference in custody proceedings

Courts don't treat accidental or minor violations the same as deliberate ones. Paying an overdue bill from a joint account isn't going to trigger contempt proceedings. Transferring the title on a car to your mother the week after filing will.

Requesting Changes to ATROs

ATROs are standard — they don't account for your specific situation. If you need to do something the ATROs prohibit (sell a depreciating asset, refinance a property to prevent foreclosure, travel with the children), you have two options:

1. Get written consent from your spouse — a text or email confirming they agree to the specific action is usually sufficient
2. File a Request for Order (Form FL-300) — ask the court to modify the ATROs for your situation, with a $60 filing fee

Joint petition filers face a constraint here: the FL-700 path prohibits filing an FL-300. If you need emergency court orders, either party can convert the case to the traditional track using Form FL-720, at which point FL-300 motions become available.

Staying on the Right Side of ATROs

The simplest approach: don't make major financial moves without telling your spouse and getting their agreement in writing. ATROs are designed to freeze the marital estate in place so the court can divide it fairly. Working within that framework — rather than around it — keeps your case on track and your credibility with the judge intact.

The California Divorce Filing Process Guide explains ATRO restrictions in the context of your full filing timeline, so you understand exactly what you can and can't do at each stage of the process.

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