Montgomery County Standing Orders, Part 4
The District Courts and County Courts of Montgomery County have automatic orders that go into effect for every divorce suit and every suit affecting the parent-child relationship filed in Montgomery County. These automatic orders are court orders and if either party violates one or more of the automatic orders they risk being found in contempt of court.
The fourth automatic order of the Montgomery County Courts is “Preservation of Property and Use of Funds During Divorce Case.” This court order only applies to divorce cases. Specifically, both parties to the marriage are ordered to refrain from:
- Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties.
- Misrepresenting or refusing to disclose to the other party or to the court, on proper request, the existence, amount or location of any property of one or both of the parties.
- Damaging or destroying he tangible property of one or both of the parties, including any document that represents or embodies anything of value.
- Tampering with the tangible property of one or both of the parties, including any document that represents or embodies anything of value, and causing pecuniary loss to the other party.
- Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of either party, whether personal property or real property, and whether separate or community, except as specifically authorized by a court order.
- Incurring any indebtedness, other than legal expense, in connection with the divorce suit, except as specifically authorized by a court order.
- Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by a court order.
- Spending any sum of cash in either party’s possession or subject to either party’s control for any purpose, except as specifically authorized by a court order.
- Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by a court order.
- Entering any safe-deposit box in the name of or subject to the control of either party, whether individually or jointly with others.
- Signing or endorsing the other party’s name on any negotiable instrument, check, or draft, such as tax refund, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to the other party without the personal signature of the other party.
- Taking any action to terminate or limit credit or charge cards in the name of the other party.
- Entering, operating, or exercising control over the motor vehicle in the possession of the other party.
- Discontinuing or reducing the withholding for federal income taxes on wages or salary while the Montgomery County divorce is pending.
- Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance a the other party’s residence or in any manner attempting to withdraw any deposits for service in connection with such services.
- Excluding the other party from the use and enjoyment of the other party’s residence.
Your Conroe Divorce Lawyer can help you if your spouse is engaging in conduct that violates the court order. We will continue reviewing the automatic orders in the next post.
The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County. Many of our visitor come from the areas of Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area. If you need legal assistance with your family law issue speak with a Conroe Divorce Attorney today.