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A.R.S. § 25-315

Automatic Preliminary Injunction in Divorce

Verified April 4, 202657th Legislature, 1st Regular Session

When a divorce, legal separation, or annulment is filed, an automatic preliminary injunction takes effect. It prevents both spouses from hiding or disposing of property, removing children from the state, and canceling insurance.

Title 25, PREMARITAL AND MARITAL AGREEMENTS

azleg.gov

What the Preliminary Injunction Prohibits

The moment a divorce petition is filed in Arizona, a preliminary injunction is issued automatically. This is not a request. It is a court order. It applies to both parties. The preliminary injunction in Arizona prevents actions that could hurt either spouse during the proceedings.

Both parties are enjoined from transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties except if related to the usual course of business, the necessities of life or court fees and reasonable attorney fees.

A.R.S. § 25-315(A)(1)(a)

The injunction also stops both spouses from harassing or assaulting each other. It prevents removing children from the state without consent. Neither party can drop the other or the children from existing insurance coverage. All insurance must stay in full force.

When the Injunction Takes Effect

Timing matters. The injunction is effective against the person who files the petition the moment it is filed. For the other spouse, the injunction takes effect when they are served with a copy of the order. It also takes effect if they learn about it before being served, whichever happens first.

The preliminary injunction is effective against the petitioner when the petition is filed and against the respondent on service of a copy of the order or on actual notice of the order, whichever is sooner.

A.R.S. § 25-315(B)

Violating this injunction carries serious consequences. These include contempt of court and potential criminal prosecution. Either party can also ask the court to divide liquid marital assets equally during the proceedings. This prevents one spouse from controlling all the funds.

For anyone anticipating a dissolution, reviewing your estate plan beforehand is a practical step. Check trust ownership, beneficiary designations, and powers of attorney. This protects your interests and ensures nothing is changed by mistake during the process.

25-315. Preliminary injunction; effect A. In all actions for dissolution of marriage, for legal separation or for annulment, the clerk of the court shall pursuant to order of the superior court issue a preliminary injunction directed to each party containing orders that both parties are enjoined from transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties except if related to the usual course of business, the necessities of life or court fees and reasonable attorney fees, without the written consent of the parties or the permission of the court. Both parties are also enjoined from molesting, harassing, disturbing the peace of or committing an assault or battery on the other party or any child of the parties, removing children from the state without consent, and removing the other party or children from existing insurance coverage. B. The preliminary injunction is effective against the petitioner when the petition is filed and against the respondent on service of a copy of the order or on actual notice of the order, whichever is sooner. D. The preliminary injunction has the force and effect of an order of the superior court signed by a judge and is enforceable by all remedies made available by law, including contempt of court.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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