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.