What the Injunction Prohibits
The moment a divorce petition is filed in Arizona, a preliminary injunction automatically goes into effect. This is not a request. It is a court order, and it applies to both parties. The injunction prevents actions that could disadvantage 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 prohibits both spouses from harassing or assaulting each other, removing children from Arizona without consent, and removing either party or the children from existing insurance coverage. All insurance must be maintained in full force.
When the Injunction Takes Effect
Timing matters. The injunction is effective against the person who files the petition (the petitioner) the moment the petition is filed. For the other spouse (the respondent), the injunction takes effect when they are served with a copy of the order or when they learn about it, 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, including contempt of court and potential criminal prosecution for interference with judicial proceedings. Either party can also request the court to divide liquid marital assets equally during the proceedings to prevent one spouse from controlling all the funds. For anyone anticipating a dissolution, reviewing your estate plan beforehand, including trust ownership, beneficiary designations, and powers of attorney, is a practical step that protects your interests and ensures nothing is inadvertently changed during the process.
