In today’s economic times, divorce and bankruptcy often go hand in hand. It’s important to know what role bankruptcy can play in a pending divorce suit.
You may be able to file for divorce while you have a pending bankruptcy filing and the court may render judgment on issues such as child support or conservatorship issues. Many courts will not award property while your bankruptcy is still pending and your
Temporary mutual injunctions are a tool used in the divorce process that prevent either party from conducting themselves in a manner that would harass the other party, destroy or tamper with marital assets or disrupt the lives of the children. Mutual injunctions apply to conduct, property, assets and children.
The parties and their attorneys may agree to mutual injunctions at the onset of a divorce or the judge may order them at a temporary orders hearing. Once the judge has signed temporary mutual injunctions it is very important that the parties comply.
Temporary mutual injunctions are different from a temporary restraining order mostly in length. A temporary restraining order is submitted to the court and signed by a judge and usually includes the same provisions that temporary injunctions include. A temporary restraining order, however, only lasts for fourteen days from the date of signature by the judge. Temporary mutual injunctions can be in place for the entire pendency of a divorce proceeding.
If a party violates a temporary mutual injunction, for example selling off community assets or removing a party from an insurance policy, the court can take that behavior and actions into account when dividing the community estate or awarding custody of children.