Automatic Temporary Restraining Rrders (ATROs) [[Cal. Fam. Code § 2040]] establishes automatic temporary restraining orders (ATROS) that come into effect once a spouse or domestic partner initiates legal proceedings for divorce, legal separation, or nullity of marriage. Both parties become bound by these orders, and violating them may result in serious consequences. The ATROS contain exceptions, such as allowing for the use of community property to hire legal counsel and permitting the disposal of assets for necessities of life. However, these exceptions can be abused, and enforcing them can be challenging. While the ATROS rely on voluntary compliance, not all parties behave honorably. It is essential to read and understand this section and follow the required notices to avoid accusations of breaching statutory duties. Additionally, the ATROS have significant implications for jointly held property with right of survivorship, as the surviving spouse could inherit all of it if the other dies before marital status termination. --- Snippet: ATROs, or Automatic Temporary Restraining Orders, are orders that automatically come into effect when a party files for divorce, legal separation, or annulment in California. These orders are designed to maintain the status quo and prevent either spouse from taking certain actions that might harm the other spouse or the marital estate during the dissolution process. ATROs are included in the [[Summons (FL-110)]] served on the respondent when a petitioner initiates the divorce process. They apply to both parties once the respondent has been served. The primary purpose of ATROs is to protect the parties and their property during the divorce proceedings. ATROs typically restrain both parties from the following actions: 1. Removing the minor child(ren) of the parties from the state or applying for a new or replacement passport for the minor child(ren) without the prior written consent of the other party or an order of the court. 2. Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor child(ren). 3. Transferring, encumbering, hypothecating, concealing, or disposing of any real or personal property, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life. 4. Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. It's important to note that there are exceptions to these restrictions, such as actions taken in the ordinary course of business or for the necessities of life. Additionally, parties may agree in writing to modify or waive any of these restrictions. If one party violates an ATRO, the court may impose penalties or sanctions, including financial compensation for any harm caused by the violation. Both parties should consult with their attorneys to ensure they understand and comply with the ATROs during the divorce process.