Preliminary Injunctions in Divorce

When you file for divorce in Arizona, a court order called a preliminary injunction takes effect almost immediately. You don’t have to request it, and it’s not optional. The injunction is automatic, has the force of law, and applies equally to both parties.

What Is a Preliminary Injunction in Arizona Divorce?

A preliminary injunction is a court-issued order that takes effect at the start of every Arizona divorce or legal separation. It informs both spouses about their rights and responsibilities during the case, removing opportunities for unfair surprises or last-minute maneuvers. Spouses may be required to remain non-violent, preserve their assets, ensure continued insurance coverage, and keep their children in the state unless a written consent or court order says otherwise.

How Is a Preliminary Injunction Issued?

When a person files a divorce petition, the court automatically generates the preliminary injunction. The filing spouse receives it with the initial paperwork. The other spouse receives it when served with the divorce documents. This automatic process leaves no gap between filing and enforcement. The rules are in place from day one for immediate stability during an otherwise unpredictable time.

What Is the Purpose of a Preliminary Injunction?

The main goal is to maintain stability while the legal process unfolds. Without it, one spouse could start harassing the other, sell the marital home, empty a joint bank account, cancel insurance coverage, or take the children out of Arizona without the other’s knowledge. The injunction stops these impulsive actions to prevent damage that may be difficult to reverse later.

Legal Consequences of Violating a Preliminary Injunction

Breaking the injunction is a serious matter. The court could hold you in contempt, impose fines, require you to pay the other spouse’s attorney fees, or even order jail time. The message from the court is clear: follow the order or face the consequences.

Exceptions to the Preliminary Injunction

The law allows preliminary injunction exceptions for necessary and reasonable actions. Typical examples include:

• Spending money on daily living expenses like rent, groceries, and utilities
• Using funds to hire an attorney
• Running a business in its normal course

Any major transaction or significant change, such as selling the house or taking the children on a long trip, requires written agreement from the other spouse or a judge’s approval. Skipping this step is a fast way to end up in legal trouble.

Why Choose Our Law Office for Your Divorce Case?

The Law Office of Hector A. Montoya, P.L.L.C., brings over three decades of family law experience and a client-centered approach to every case. We serve Tucson and Pima County with direct communication, strategic legal guidance, and the compassion needed to handle sensitive family matters. Whether your divorce case is relatively simple or involves complex financial issues, our team is ready to protect your rights and help you move toward a brighter future. Contact us today to speak with our family law attorney.