Divorce can bring out the worst in some people. When a couple who cannot seem to stop fighting and does not want to stay together for one minute longer finally decides to get a divorce, bad things can happen. In anticipation of some of the spiteful things that married couples try to do to one another when it is clear that their marriage is ending, there is a Tennessee law that imposes an automatic, statutory injunction to protect both parties from each other’s misdeeds. Any desire to seek revenge on the other spouse in the divorce process has been thwarted by the law.
What is an automatic injunction in Tennessee divorce?
An automatic or statutory injunction is a required part of a divorce complaint in Tennessee. (T.C.A. s 36-4-106) It protects marital property and finances, preserves evidence and safeguards either party and any children involved. When a divorce is filed, the automatic injunction goes into effect and it prohibits either party from the following:
- Taking any actions sell, convey, or otherwise dispose of any marital property without agreement of the parties or Order of the Court.
- Modifying or canceling any insurance policy that provides coverage to either of the parties or children.
- Harassing or threatening the other or making disparaging remarks in the presence of the children or either party’s employer.
- Destroying or hiding evidence that is electronically stored on a computer hard drive or any other memory storage device.
- Relocating with children.
A statutory injunction protects each of the parties from any potential misdeeds on the part of their revenge-seeking spouse. You should continue paying your bills and managing your finances, and you should keep records of your expenditures and provide your spouse with a copy of those records if they ask to see them. Any violation of the injunction could result in being held in contempt of court, or even going to jail. The judge can also order you to pay the attorney fees for your spouse’s attorney. Once your divorce has been settled this injunction will be lifted.
Sometimes, people have the viewpoint that divorce is a terrible, emotional struggle to end a marriage, but in the eyes of the law, divorce is more of a business transaction. It is the severing of a contract that the parties had pledged to keep until death. The less emotion that is brought to the process, the easier divorce is to survive.
If you are planning to divorce, you are welcome to call 615-391-4200“>615-391-4200 or contact the experienced Nashville legal team at Miller Upshaw Family Law, PLLC to reserve an in-person or video consultation time to answer your questions about your specific divorce case.