Automatic Temporary Injunction: Impact on Long Delays
Does the Automatic Temporary Injunction Still Apply if Your Divorce Has Been Sitting for Years?
So your divorce has been sitting without finalization for a long time—maybe even a couple of years. You’ve moved on with your life. Do you still need to worry about the automatic temporary injunction (ATI)?
Understanding the Impact of the ATI
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights, and this is my 25th year practicing.
I do see this situation fairly often. There’s a small percentage of divorce cases that just sit without any activity for years. Usually, the parties are already separated, maybe even for a long time before the divorce was filed. They’ve started new relationships, divided most of their things, and moved on in every way—except that they never finalized the decree.
Taking Precautionary Measures
The problem comes up when property is involved. Maybe you want to buy or sell something that you believe is clearly your own, like inherited property, and you assume your spouse doesn’t care. Do you still need to worry about the ATI?
The answer is yes. The ATI remains in effect until the final decree is entered. That means you can’t just sell property without addressing it. The safe route is to either:
Take Action to Protect Your Interests
Without that, you risk problems. I’ve seen cases where one spouse assumed the other didn’t care about a piece of property—until it was about to be sold. Then suddenly the other spouse claimed an interest and used the ATI to object.
To avoid that, you need to be proactive. Talk to your attorney or have your attorney reach out to your spouse’s attorney. Explain what you want to do and either get a waiver or a specific court order beforehand.
Seek Professional Guidance Today
Give Tulsa men’s divorce attorney Clint Hastings a call at 918-962-0900 if you need help with this or any other family law issue. We’ll be glad to assist.
