What Are Ex Parte Orders and How Do They Protect You?
Many times when clients come to the Bloomfield Family Law Firm, they ask us how they can file for divorce and protect themselves at the same time. They are often concerned that their spouse will no longer pay bills as they have done during the marriage, or that they will transfer money into other accounts just to make life difficult.
In Michigan, when a person filing for divorce has this substantial fear, it is possible to let the court know and seek what are called “ex parte orders.” Typically, in divorces, we will file a proposed ex parte order to maintain the status quo of the family. This order will require the bills to be paid just as they were during the marriage while the order is in effect. This will also require that paychecks continue going into the marital bank accounts just as they always have.
The point of this order is to make sure that business as usual keeps going as you proceed through a divorce. We find that the judges in Oakland, Macomb, and Wayne Counties are usually amenable to entering of these orders.
The second type of order we can obtain on an ex parte basis is a mutual restraining order against the transfer of assets. This will prevent both sides from transferring money around, liquidating accounts, pulling out money in an atypical way and otherwise make it difficult for the opposite side to find. These orders are entered routinely and very easily in a divorce. The person who files the divorce simply has to explain to the court why the order is necessary and that it is intended to protect both sides. We also find, like the order for status quo, that judges in Oakland, Macomb, and Wayne County are usually more than willing to make sure assets are not suddenly transferred around.
Once an ex parte order is entered, the other party will have 14 days to file objections from when they were served, if they have objections to the order. In some rare cases there will be a need to transfer money around, or there may be an issue with bill payment that causes a person to object. By having the order in place in the beginning, there is a level of protection that the person filing can expect. Many times, if there is a valid objection, things can be worked out between the parties once lawyers are involved.
If you are worried about protecting yourself as you file for a divorce, come to our office for a consultation and we can explain how these orders would apply in your case. These are two fears we can easily take off the table from everything else you may be worried about. Call today to learn more.
