The Standing Order in a Georgia Divorce: It Is Not Just Another Piece of Paper

When a divorce is filed, there is a lot of paperwork.

There is the Complaint. There may be a Summons, financial documents, discovery, notices, and other papers that can quickly start to blur together.

And then there is the Standing Order.

Unfortunately, some people treat the Standing Order like one more piece of paperwork to skim over and put aside.

That can be a serious mistake.

A standing order is an order of the court. Depending on the county or judicial circuit, it may automatically apply when a divorce or other domestic relations case is filed. It places restrictions on what the parties can do while the case is pending and, in some counties, also imposes affirmative requirements that the parties must follow.

In plain English: the rules can change the moment the divorce case is filed.

Ignoring those rules because you are angry, because the property is titled in your name, or because you believe your spouse “deserves it” can create an entirely new problem in your divorce case.

What Is a Standing Order in a Georgia Divorce?

A domestic relations standing order is designed, in large part, to preserve the situation while the court has an opportunity to address the issues in the case.

Divorce cases can involve homes, bank accounts, vehicles, retirement funds, insurance policies, children, pets, and other property. Without restrictions in place, one spouse might try to sell property, cancel insurance, move children, shut off utilities, or otherwise make major changes before the court can intervene.

Standing orders are intended to prevent some of that conduct.

However, the exact terms of the standing order depend on where your case is filed.

For example, the standing orders used in Richmond County, Columbia County, and the Toombs Judicial Circuit contain many similar restrictions, but they are not identical.

That is why you should actually read the order that applies to your case.

Do Not Sell, Transfer, Hide, or Damage Property

One of the biggest areas of concern involves marital property and other assets.

Once a divorce is underway, this is generally not the time to start selling vehicles, transferring assets, putting liens on property, giving things away, or making major financial changes without first determining whether the standing order permits it.

The Richmond County standing order, for example, prohibits actions such as selling or mortgaging property, creating liens, increasing debt secured by property, damaging property, disposing of property, and making substantial changes to either party's assets.

Columbia County contains similarly broad restrictions and specifically addresses selling, mortgaging, encumbering, trading, damaging, destroying, or otherwise disposing of property in which either party has an interest.

That does not necessarily mean ordinary life comes to a complete stop.

The Columbia County order specifically recognizes ordinary-course transactions such as routine household expenses, mortgage payments, and attorney's fees.

The important distinction is between continuing normal financial life and making substantial changes to the property or financial condition of the parties.

If you are considering a major financial transaction while a divorce is pending, do not simply assume that you can do it because the account, vehicle, or property is in your name.

Do Not Empty the Bank Account Because You Are Mad

Few things escalate a divorce faster than one spouse deciding to “get there first” and remove all of the money.

A divorce is not a race to see who can move assets before the other person notices.

Depending on the standing order applicable to the case, substantial changes to assets may be specifically prohibited.

Even if you believe money belongs to you, making a dramatic transfer immediately after a divorce is filed can create issues that might otherwise have been avoided.

Before making a major withdrawal, transfer, or other change to financial assets, speak with your attorney.

Do Not Cancel the Insurance

This is another problem that can happen very quickly.

A spouse gets served with divorce papers and decides:

“They want a divorce? Fine. I'll take them off my insurance.”

That can be exactly the type of conduct prohibited by a standing order.

The standing orders we reviewed contain restrictions against changing or canceling existing insurance coverage. Depending on the particular order, that may include health insurance, automobile insurance, life insurance, property insurance, and other existing coverage.

This can be especially serious where children are covered under the policy.

A pending divorce does not necessarily give someone permission to immediately remove a spouse or child from insurance coverage.

Leave the Utilities Alone

Turning off the electricity, water, gas, or other utilities may feel like leverage during an angry separation.

It can also violate the standing order.

Both the Richmond County and Columbia County orders specifically prohibit disconnecting utilities serving the other party's home. The Toombs Judicial Circuit order likewise prohibits disconnecting home utilities.

Trying to make the other person's life miserable by shutting off necessary services is not a good strategy for handling a pending divorce case.

Do Not Harass, Threaten, or Intimidate Your Spouse

Divorce is emotional.

People get angry. They send texts they should not send. They make threats they later regret. They show up somewhere they probably should not have gone.

Standing orders commonly prohibit this kind of conduct.

The Richmond County order prohibits injuring, harassing, abusing, or threatening the other party or attempting to do those things.

The Columbia County order similarly prohibits injury, maltreatment, harassment, harm, abuse, and stalking.

The Toombs Judicial Circuit order prohibits acts involving injury, maltreatment, vilifying, molesting, or harassing the other party or the children.

The safest rule is simple:

Do not use the divorce case as an excuse to escalate the conflict.

Repeated hostile texts, threats, confrontations, or attempts to intimidate the other party can

turn a difficult divorce into a much more serious situation.

Be Extremely Careful About Taking the Children Somewhere

Parents sometimes assume that because there is not yet a temporary custody order, they can take the children wherever they want.

That can be a dangerous assumption.

The exact restriction depends on the court.

For example, Richmond County's standing order restricts removing minor children from Richmond County or Burke County for more than one week unless specifically authorized by the court or agreed to in writing by the appropriate parties or legal guardians.

Columbia County uses a similar one-week limitation for removal from Columbia County.

The Toombs Judicial Circuit order is worded differently and, in an original custody case, restricts causing or permitting the children to be removed from the jurisdiction of the court.

Those differences matter.

Before taking the children on an extended trip, moving them, or changing where they are living during a pending custody case, speak with your attorney and review the specific standing order applicable to your case.

Yes, Pets Can Be Covered Too

People frequently think of houses, cars, and bank accounts when they think about property in divorce.

They do not always think about the dog.

They should.

The Richmond County and Columbia County standing orders specifically address pets.

Richmond County prohibits conduct including selling, mortgaging, damaging, removing, destroying, or disposing of pets belonging to either party.

Columbia County similarly includes pets among property that cannot simply be disposed of or removed.

So if you are angry about the divorce, this is not the time to give away the family dog, sell the pet, or decide that the other spouse will never see the animal again without first discussing the issue with your attorney.

Do Not Interfere With Your Spouse's Mail

The standing orders we reviewed also restrict interfering with the other party's mail.

This is an easy rule to overlook after a separation, particularly if both people are still receiving mail at the same address.

Do not hide it.

Do not destroy it.

Do not intentionally prevent the other party from receiving it.

The Standing Order May Require You to Do Things Too

Standing orders are not always limited to telling you what not to do.

Depending on the county, they can also require you to provide documents, complete classes, attend conferences, bring information to court, and comply with financial disclosure requirements.

For example, the Richmond County standing order requires financial affidavits and certain other documents to be provided before an initial conference or hearing. In cases involving children, additional documents may be required, including child support materials, health insurance information, and proof of completion of the Children of Divorce seminar.

Columbia County contains extensive financial disclosure requirements as well, including financial affidavits, child support worksheets where applicable, income documentation, and insurance information.

The Toombs Judicial Circuit order also requires parties in certain original custody cases to attend the Parents of Children in Divorce seminar.

Ignoring these requirements can delay the case and may expose a party to sanctions.

“But My Spouse Did It First” Is Not a Defense Strategy

This is one of the most important things to understand.

People going through a divorce sometimes believe they are justified in violating a rule because the other spouse behaved badly first.

“He took money, so I took money.”

“She threatened me, so I threatened her back.”

“He canceled something, so I canceled something.”

That mindset can make the case significantly worse.

If you believe your spouse has violated the Standing Order, tell your attorney.

Do not respond by creating your own violation.

Your attorney can determine whether the matter should be raised with opposing counsel, addressed through a motion, presented to the court, or handled another way.

What Happens If You Violate the Standing Order?

Potential consequences can be serious.

The Richmond County standing order specifically warns that violations may result in sanctions including contempt of court, attorney's fees and costs, fines, and even confinement in the county jail.

Columbia County contains a similarly strong sanctions provision.

The practical effect is important even apart from formal sanctions.

If a judge is being asked to decide questions involving money, property, credibility, or children, you generally do not want to be the person explaining why you disregarded an order that told you not to do exactly what you did.

Read the Order Before You Act

The safest approach is not complicated.

When you receive a Standing Order:

Read it.

Keep a copy.

If there is something you do not understand, ask your attorney.

If you want to sell something, move money, change insurance, travel with the children, move residences, dispose of property, or take some other significant action while the divorce is pending, ask before you act.

It is much easier to answer a question before something happens than to try to fix the problem afterward.

Every County's Standing Order Is Not Exactly the Same

This is particularly important for people searching online for answers.

Georgia divorce law applies throughout the state, but local courts may use different standing orders and procedures.

For example, the standing orders used in Richmond County, Columbia County, and the Toombs Judicial Circuit contain similar protections but differ in their exact wording and requirements.

Something you read online about another Georgia county may therefore not tell you exactly what applies in your case.

You need to review the actual order entered or applicable in the county where your divorce is pending.

Have Questions About a Divorce in Georgia?

A divorce can become complicated very quickly when property, finances, children, or accusations of violating a court order are involved.

If you are going through a divorce in Richmond County, Columbia County, McDuffie County, or another area served by Dallas & Gracey Law Firm and have questions about the standing order or what you can and cannot do while your case is pending, contact our office to discuss your situation.

The best time to ask whether you are allowed to do something is before you do it.

This article provides general information only and is not legal advice. Standing orders and court procedures vary by county, judicial circuit, judge, and case. You should review the order applicable to your individual case and consult with an attorney regarding your particular circumstances.