The Case for the Court to Promulgate a Standing Order

Pleadings

In most jurisdictions, without a court's prior permission, a litigant cannot leave the state with her or his children; cannot dissipate assets; and essentially must maintain the status quo. Once most litigants truly understand those rules, they will follow them even though they might prefer otherwise. However, if those rules are not well established at the outset or, if a client chooses to violate those prohibitions, the response will almost certainly be a motion or a similar pleading from the other side. Inevitably, such a pleading will be one-sided, i.e., it will only seek to impose restraints on the misbehaving party. A typical pleading or motion will request the other spouse to pay spousal and child support; to maintain health, automobile, and life insurance; and, to enjoin the dissipation of marital assets. In short, this pleading whether in response to misbehavior or just to put pressure on the spouse, can get the whole divorce process off on the wrong foot. This is especially true because most courts will make these restraints mutual anyway, and this type of motion or pleading practice merely elevates the tone of the divorce, encouraging each party to respond in kind.