Divorce and Automatic Orders

Mr. Darren M. Shapiro Esq. has dealt with a number of divorces in his time as a professional mediator, litigator, divorce lawyer, family law attorney and collaborative lawyer. Indeed, divorce cases are one of the more common matters he is approached with in his office in Nassau County. This extensive experience has meant that Mr. Shapiro has grown accustomed to the various complexities associated with the divorce procedure, as well as the common concerns that clients should be aware of when entering a case into court. For example, in any divorce, parties enter the court room with a set of priorities in mind, and often request the help of lawyers and litigators such as Mr. Shapiro in pursuing their best interests. Because the concerns of any individual person are likely to be unique, divorce cases can often be highly nuanced and personal to the people involved. However, in spite of this, there are some aspects that apply to every divorce case – no matter the surrounding circumstances.

The Domestic Relations Law of New York places a set of specific restrictions upon the parties involved within any divorce case. These restrictions are called “automatic orders”, which are provided with the summons delivered at the beginning of the case. Though they may not apply directly to all of the individuals involved within a divorce case, these automatic orders work to maintain the status quo during New York divorce proceedings, and preserve any marital property that should be considered in regards to equitable distribution. Because they make up a standard part of the divorce proceeding, automatic orders are one of the common topics that Mr. Darren Shapiro discusses with his clients at the opening of a new case. After all, though keeping up with all of the complications involved in a New York divorce case can be difficult, it’s crucial to remember that automatic orders are considered mandatory, and any failure to comply with them can be regarded as evidence of contempt of court under the uniform rules of trial courts, and domestic relations law.

Mr. Shapiro’s experience working alongside various couples and individuals in the divorce procedure has allowed him to become deeply familiar with automatic orders that are used to bind both spouses in a New York proceeding. However, it can be helpful for the clients involved to be advised about these orders, and remember that they will remain in place throughout the pendency of the action, unless they are terminated, amended, or modified by a further order of the court or written agreement approved by each party. For example, the first automatic order to consider in a New York divorce prohibits any enumerated property from being used, impaired, or transferred except for in usual circumstances – such as when paying household bills or the lawyer for the divorce case. The second order demands that any retirement accounts belonging to the involved parties cannot be altered during the divorce procedure, and neither party will be allowed to request payments without written permission from the other party or the court. Of course, if one of the spouses is already receiving payment from their retirement account, they can continue to receive those payments.

The third automatic order to consider in a New York divorce restricts either party from developing debts that would damage the value of the marital estate. For example, either spouse will not be allowed to take out a loan using the marital property as security. However, credit cards may still be used for normal expenses such as typical household costs and attorney fees. The fourth order requires that medical and dental insurance in place for either party and any children involved should remain in place. Simply put, if a plan for medical or dental insurance exists, neither party involved in the divorce will be able to remove the children, or the other party from the plan. Finally, the last automatic order that exists within New York divorce cases ensures that other forms of insurance, such as homeowners, rental, life, and vehicle insurance are kept in place and not altered. In other words, neither party can change beneficiaries, unless it is agreed upon or the court gives permission, involved in life insurance policies that are already in place, and both parties keep hold of their various insurance plans during the divorce.

As with any aspect of the divorce procedure, it’s not uncommon for some parties to be uncomfortable with the restrictions of automatic orders placed upon them by the New York court. Fortunately, Mr. Shapiro is available to talk about the possibility of modifying automatic orders once the summons with notice, or summons and complaint have been served. The parties involved in the divorce will have a chance to agree upon changing the automatic orders in place, however they will need to request permission from the court for changes to be made, with the help of an attorney like Mr. Shapiro if there is no agreement. Another option that parties may consider, is entering an agreement that has been approved by both spouses, and signed and acknowledged in front of a notary public.

As a family lawyer with years of experience within the fields of divorce and matrimonial law, Mr. Shapiro has learned that divorce is a complicated and emotional situation for any party – no matter the circumstances involved. Because the nature of divorce is so disrupting to any person’s life, it’s important to have an objective and knowledgeable professional available to help provide guidance through the various considerations that must be acknowledged.

Mr. Darren Shapiro is available to help individuals move through the labyrinth of rules and regulations associated with New York divorce law. To learn more about the aspects of divorce that are applicable to you, or simply brush up your knowledge on family law, please read through our website, or reach out to us. If you would like to use Mr. Shapiro’s skills as a litigator, mediator, or collaborative lawyer, please get in touch to schedule your initial free consultation at your earliest convenience. We look forward to speaking with you.