Tonight’s post about Standing Orders in Family Law was written by our Marietta divorce attorney, Alyssa Blanchard.
You’ve made the decision. You’re getting a divorce. You’ve met with your attorney, reviewed the Complaint, signed the Verification. Your attorney filed the Complaint which includes a request for a Standing Order. Upon filing the Standing Order has issued.
What is the Standing Order?
Pursuant to O.C.G.A. § 19-9-1(b) Upon the filing of any domestic relations action, the court may issue a standing order in such action which:
Upon notice, binds the parties in such action, their agents, servants, and employees, and all other persons acting in concert with such parties;
Enjoins and restrains the parties from unilaterally causing or permitting the minor child or children of the parties to be removed from the jurisdiction of the court without the permission of the court, except in an emergency which has been created by the other party to the action;
Enjoins and restrains each party from doing or attempting to do or threatening to do any act which injures, maltreats, vilifies, molests, or harasses or which may, upon judicial determination, constitute threats, harassment, or stalking the adverse party or the child or children of the parties or any act which constitutes a violation of other civil or criminal laws of this state; and
Enjoins and restrains each party from selling, encumbering, trading, contracting to sell, or otherwise disposing of or removing from the jurisdiction of the court, without the permission of the court, any of the property belonging to the parties except in the ordinary course of business or except in an emergency which has been created by the other party to the action.
The Standing Order prohibits the parties or “all persons acting in concert with the parties” from doing certain things while the case is pending. For example, when custody involved, the children cannot be removed from the jurisdiction of the court. Or maybe you want to sell your car. O.C.G.A. §19-9-1(b)(4) prohibits you from selling property belonging to you and your spouse.
Every court has its own standing order for family law cases. The terms of the standing may differ depending on which court in which your case is pending. Be sure to read the Standing Order that is issued in your case and ask your attorney any questions that you may have. It is critical that you abide by the Standing Order. Otherwise you could be held in contempt of court.
And that is never a good way to introduce yourself to the judge.
Alyssa Blanchard