Moriarty & Dee, Attorneys at Law, in Buffalo, New York.

Automatic Order:
Clients often ask to restrain their spouses from transferring property or otherwise selling or disposing of assets. As a standing rule of the Erie County Expedited Matrimonial Part, the following order will go into effect immediately after the commencement of any action brought in Erie County. This order is automatic, and fully protects both parties while an action is pending. At the time of this publication, the order applies only in Erie County.

STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE

PRESIDING: HON.	.	.
	.	.
JANE DOE,	Plaintiff	ORDER Index No.
v.	.	.
JOHN DOE,	.	.
	Defendant	.
	.	.

This action having been duly commenced in the Supreme Court, Erie County, and a Request for Judicial Intervention having been filed with the Court; it is hereby

ORDERED, that neither party shall sell, transfer, encumber, conceal, assign, remove, or in any way dispose of any property (including by way of illustration but not limitation, real estate, personal property, cash accounts, stocks, stock options, mutual funds, bank accounts, cars or boats), individually or jointly held by the parties, except in the usual course of business consistent with established past practice or for usual and customary household expenses or for reasonable attorneys' fees in connection with this action; and it is further

ORDERED, that neither party shall transfer, encumber, conceal, assign, remove, withdraw or in any way dispose of any tax deferred accounts, stocks, or other assets held in any individual retirement accounts, 401(k), 403(b) account, profit sharing plan, Keogh account, deferred compensation plan, or any other qualified or non-qualified pension or retirement account, and the parties shall further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind. In addition to the foregoing, neither party shall change the beneficiary designation on any of the aforementioned account(s) during the pendency of the action; and it is further

ORDERED, that neither party shall incur debts hereafter, including but not limited to, further borrowing against any credit lines secured by the family residence, further encumbering any assets, or using credit cards or cash advances against credit cards, except in the usual course of business consistent with established past practice or for usual and customary household expenses or for reasonable attorneys' fees in connection with this action; and it is further

ORDERED, that neither party shall cause the other party or the child(ren) of the marriage to be removed from any existing health insurance coverage, including by way of illustration but not limitation, medical, hospitalization, dental, vision, prescription, or optical coverage, or any riders to the foregoing coverage, and each party shall maintain the existing health insurance coverage in full force and effect; and it is further

ORDERED, that neither party shall change the beneficiaries of any of the existing life insurance policies and each party shall maintain the existing life insurance, automobile, homeowner's, renter's or any existing insurance policies in full force and effect; and it is further

ORDERED, that neither party shall permanently remove the minor child(ren) from the State of New York; and it is further

ORDERED, that if the parents of the minor child(ren) live apart during this proceeding, they shall assist their child(ren) in having contact with both parties, which is consistent with the custom and practices of the family, including personal visits, telephone, or other electronic contact. Notwithstanding the foregoing, this provision shall not apply if there is a prior, contradictory court order; and it is further

ORDERED, that if the parties are living together on the date of service of this order, neither party may deny the other party use of the current primary residence of the parties, whether it be owned or rented property. Notwithstanding the foregoing, this provision shall not apply if there is a prior, contradictory court order; and it is further

ORDERED, that this order, or any provision thereof, shall remain in full force and effect during the pendency of the action, unless terminated, modified, or amended upon further order of the Court, by motion on notice or stipulated order.

__
______________________________________
HON.
Justice of the Supreme Court

Back to Top