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New York Automatic Temporary Restraining Orders in Divorces

Last time, I described the concept of an Automatic Temporary Restraining Order (ATROS) in a California divorce case as authorized under Section 2040 of the California Family Code. The idea of an ATROS is not unique to California, however. New York has it as well and that’s the subject of this blog post. Before I begin, my usual disclaimer for New¬† York content applies: I have been licensed to practice law in New York since 2012, but I do not (as of the date of this post) maintain a physical office in New York state. Under Section 470 of the New York Judiciary Law, I therefore cannot practice law in the state of New York. This post is meant to simply go over a New York statute that is publicly-available for free to any member of the public. If you have a case in New York involving an ATROS, do feel free to get in touch in the event I can make a referral for you. Anyway, that said, in my California ATROS post, I described how some marriages involve a disparity in earning power. One spouse might, for example, stay at home to raise the children while the other works a job to support the family. This can, in the event of divorce, sometimes result in a situation where the spouse who works tries to exercise an unfair advantage over the spouse who stayed home in retaliation by, for example, concealing marital property or cancelling the family’s health insurance. In California, the Section 2040 ATROS is intended to prevent this. New York has a similar ATROS under New...