When a divorce proceeding is filed in Tulsa Oklahoma, certain orders are automatically put into place by the Oklahoma Family Law Statutes. These automatic orders serve to help maintain a “status quo” until a formal temporary order can be entered by the Family Law Court in Oklahoma setting out child support, custody, visitation, alimony, property and debt division. These orders prevent BOTH parties from:
- transferring, encumbering, concealing, or disposing of any marital property, including savings accounts, checking accounts, and even personal paychecks;
- intentionally or knowingly damaging or destroying property including any electronically stored materials, electronic communications, social network data,;
- withdrawing money from retirement, profit-sharing, pension, death, or other employee benefit plans;
- withdrawing or borrowing in any manner all or any part of the cash value of any life insurance policies on either party or their children;
- changing the beneficiary on any life insurance policies on the life of either party or any of their children;
- canceling or alternating any type of insurance plan, including health and vehicle insurance policies;
- opening or diverting mail addressed to the other party, and
- signing for or endorsing the other party’s name.
Further, these automatic orders require the parties to maintain all existing health, property, life and other insurance which is being carried for ANY member of the family. When it comes to children, these automatic orders require both parties from molesting or disturbing the peace of the other party or of the children to the marriage and restrains these individuals from disrupting or withdrawing the children from school or other programs where the children are enrolled, including day care.
Both parties to the divorce are not to hide the children from the other party and most importantly are not to take the children out of the state of Oklahoma without the written consent of the other party. A violation of any of these automatic orders will not only make the violating party look bad before the presiding Judge, but will likely result in a contempt of court action, which could mean 6 months in jail, fines and costs; as well as, the loss of custody of the child. Further hiding a child from one parent or removing the child from state of Oklahoma could result in criminal kidnapping charges.