Although pets feel like family, they are considered property for the purposes of a divorce. That means like all property, if the pet was purchased (or adopted) during the course of the marriage, the pet is considered community property. If the pet was acquired prior to the marriage, then the pet is the separate property of the person who brought it into the marriage, regardless of who cared more for the pet, or paid for the pet during the marriage. Gifts and inheritance are also separate property, so if the pet was given to one party, or acquired through inheritance,…
What Are Temporary Mutual Injunctions?
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.