When you file a divorce complaint, the Superior Court issues what’s known as a Standing Domestic Relations Procedural Order.
It’s very important to read this order carefully, and if you have any questions, discuss them with your attorney.
What Doesn’t the Standing Domestic Relations Procedural Order Cover?
The Standing Domestic Relations Procedural Order doesn’t cover everything. However, it’s important that you know that the order’s main goal is in maintaining the status quo. That means that although you don’t see these things in the order, you shouldn’t:
- Cancel the utilities in the family home. If you move out of the home by choice or because of a court order, you should not cancel the utilities. If you do not want to continue to pay the utilities, then you’ll need to discuss your options with your attorney.
- Allow the mortgage on the home to become delinquent. Under no circumstances should you allow the mortgage on the home to become delinquent. In addition to jeopardizing your credit standing, it could be viewed as you purposely endangering a marital asset.
- Allow car payments or credit cards to become delinquent. Under no circumstances should you allow any marital debt to become delinquent. Damaging credit while a divorce is pending is something a court would consider in equitably dividing marital assets.
Steer Clear of Adversely Affecting Marital Assets
During your divorce, make sure that you don’t do anything that could adversely affect marital assets, debts or your spouse’s living situation.
This type of conduct inevitably backfires. It escalates the litigation and increases attorney’s fees. It could even expose you to being required to pay additional attorney’s fees for the benefit of your spouse if the court finds bad faith conduct on your part.
Posted in: Divorce