What is a Standing Order? Why is it part of my petition in my case?
Filing for divorce can be complicated. You don’t simply file a Petition and get it over with. There are other documents that must be served with the Petition for it to be completed. One of these documents is the “Standing Order.” So, why is there an Order already when you have just started the process? What is it for?
When you get served with “divorce papers,” you may notice that a bunch of judges signed a “Standing Order” prohibiting you from doing a long list of things. It may be very alarming to someone who is taken by surprise by the divorce. After all, you haven’t even seen or spoken to a judge. How can they make orders on you already?
Don’t be alarmed. This is a very normal part of the family law process. This very long document titled “Standing Order On Children, Property & Conduct Of Parties”, more commonly known as the “Standing Order,” is a document issued and signed by all the district court judges in your county (and many counties have one) to apply to cases involving divorce and child custody matters. The reason for the Standing Order is “for the protection of the parties and their children, and for the preservation of their property.”
So what is in the “Standing Order”?
Well, depending on whether you have a divorce or a child custody matter, the details may be different.
If you are involved in a divorce, the “Standing Order” may include provisions such as prohibiting the parties from harassing each other, hiding or destroying evidence, making misrepresentation as to the disclosure of evidence, transferring or hiding property, etc. There may be other provisions to further define what you can and cannot do with regards to your property during the course of the divorce process.
If you are involved in a child custody case, the “Standing Order” may include provisions such as what a party may and may not do with regards to the child’s residence, travels, schooling, etc. It may also prohibit the parents from harassing or hiding the child.
Generally, the “Standing Order” may also mention other requirements that the parties have to follow with regards to service and disclosure of information.
Although the “Standing Order” may appear to be overwhelming, it is important that you pay attention to the provisions stated. This is an Order issued by the Court, and violating it may lead to sanctions and negatively affect your case.
If you have questions regarding the “Standing Order”, it is best to speak with an experienced attorney who can better guide you so you don’t accidentally find yourself in violation.
The content provided in this blog is for informational purposes only. This is not legal advice, and your viewing of this blog does not form any attorney-client relationship.
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