RESTRICTIONS ON THE PARTIES WHILE THE CASE IS PENDING: By Ohio Revised Code, neither party is permitted to cancel or change beneficiaries of any life or health insurance policies while the case is pending. Do not change or cancel insurance policies while the action is pending. This is a matter of statutory law and applies to all parties to a divorce in Ohio. In other words, this is not something that your attorney will seek to have the court order for your case – it is simply the law for every case. In fact, the Court would not have the power to allow a party to change or alter the provisions of insurance policies that are in place at the time of the filing for divorce.
However, it is also quite common for both parties to file for Temporary Restraining Orders to restrain the opposing party from doing something while the case is pending. These restraining orders are actual, binding court orders that restrict the parties from doing certain activities while the case is pending. Some common temporary restraining orders that our firm might file include:
a. Restrain the parties from incurring further debt in the other party’s name
b. Restraining the parties from depreciating assets
c. Restraining the parties from removing the children from the state of Ohio
d. Restraining one of the parties from re-entering the marital home, if that party has been voluntarily absent from the home for more than 30 consecutive days.
e. Restraining the parties from abusing, annoying or harassing the other party
This Ohio divorce fact was brought to you by the Miami-Valley law offices of Morrison & Nicholson. Author: Charles W. Morrison, Partner at Morrison & Nicholson. Call today to schedule a free consultation with an attorney by calling (937) 432 – 9775.