VIOLATING NEW YORK’S AUTOMATIC ORDERS CAN BE A CONTEMPT OF COURT

Upon commencement of a matrimonial action in New York State, the plaintiff must serve upon the defendant a copy of “NOTICE OF ENTRY OF AUTOMATIC ORDERS.” The enumerated Automatic Orders are binding upon the plaintiff upon filing the Summons and upon the defendant when served with a copy of them.

 The Automatic Orders prohibit either party from dissipating assets during the matrimonial action, from incurring unreasonable debts during the action and from removal of family members as beneficiaries on insurance policies during the action. If a party receives any of certain listed legal documents (e.g., tax lien, foreclosure, bankruptcy filing) that could adversely affect the marital estate, that party must send written notice of the same to the other party.

 Other prohibitions and requirements are specified. The complete text of the Notice of Entry of Automatic Orders appears here.

 Failure to comply with the Automatic Orders may be deemed a contempt of court and the offending party punished in accordance with applicable law. Spouses who are parties to a matrimonial action may modify or dissolve the Automatic Orders if they obtain court approval to do so or enter into a written modification agreement signed with certain proscribed legal formalities.

 Learn more about your legal obligations under New York’s Automatic Orders from the experienced matrimonial attorneys at O’Connell & Aronowitz. Contact us at 518-462-5601 or fill out a contact form here.