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In the beginning stages of a divorce case, one spouse might try and move property and money in an attempt to hide these from the other spouse. If you fear that your spouse will liquidate financial accounts or transfer property, then it is imperative that you work with a seasoned lawyer. The attorneys at Taradash Given, P.C. have the knowledge and experience to help safe guard your money and property.
Simply put, an injunction is an Order requiring your spouse to either do something or refrain from doing something. Temporary restraining orders and/or a preliminary injunction may restrain the transfer of property; enjoin your spouse from removing your child from the jurisdiction of the court; enjoin your spouse from interfering with your personal liberty; or provide other injunctive relief.
Basically, there are four elements you must prove in order to obtain a preliminary injunction. First, you must show that you have a clearly ascertainable right which needs protection. Second, you must show that you will suffer irreparable harm if you don’t get the injunction. Third, you must establish that there is no adequate remedy at law for the injury. And fourth, you will have to show that you will likely be successful on the merits.
In order to get an injunction, you have to file a Petition with the court. You must also attach an affidavit to your Petition. Be sure that you properly plead your Petition. The Petition must be based on facts and not conclusions. Your Petition also cannot be based on a “fear” that your spouse will cause you injury. This will not satisfy the requirement of showing the judge that without the injunction, you will suffer irreparable harm. Additionally, your judge will probably not grant an injunction based on a threat. You will have to show proof that the threatened act will be committed by your spouse. Lastly, you will have to show your judge that the perceived threat or harm cannot be protected with a less severe measure.
If the facts support it, you can obtain an injunction without providing notice to your spouse. You must prove that irreparable injury will occur if you provide notice to your spouse or if he/she is granted time to respond to your Petition.
During a divorce, your judge will seek to maintain the status quo. This can be accomplished by enjoining the transfer of property. This will also allow your judge to maintain jurisdiction over the property so that he/she can properly allocate the marital property between you and your spouse. Property injunctions cannot enjoin transfers of property for the basic necessities of life or in the ordinary and usual course of business.
If you believe that you need an order during your divorce case enjoining your spouse from transferring or hiding money and/or property, then it is imperative that you work with a lawyer who knows how to protect your assets. At Taradash Given, P.C., we have the experience and knowledge necessary to ensure that your spouse does not transfer property or liquidate assets. Please contact us online or call us at (312) 775-1020 for a free, no hassle consultation. You have nothing to lose and everything to gain.