Connecticut Automatic Orders in Divorce Cases

Divorce can bring big changes to you, your spouse, and your children. But it is important not to change the “status quo” too soon. Connecticut Automatic Orders in divorce cases are designed to protect both parties from the other gaining a strategic advantage. They also protect your children during the divorce process. Understanding what these status quo orders do, and when they do and do not apply, is essential to any successful divorce.

What are Connecticut’s Automatic Status Quo Orders in Divorce?

When you or your spouse file for divorce in a Connecticut family court, the court will enter certain “Automatic Orders” related to both your property and your children. This prevents either party from taking certain actions that would have a significant effect on their property or children without the other party’s consent. The purpose of these orders are to maintain the “status quo” during a period of significant change, high emotions, and instability. Automatic orders go into effect at the start of any action for:

• Divorce
• Legal separation
• Annulment (not common)
• Custody
• Visitation

Automatic orders apply to both parties as soon as the summons and complaint are served Both you and your spouse will be required to continue to follow the automatic orders until the Judgment of Divorce or other final order is entered, until the court enters an order modifying the automatic orders pending entry of a final judgment, or until the parties agree. or stipulate, in writing, to modify the automatic orders.

Without an agreement, either party may file a motion to terminate, modify, or change the status quo orders if necessary.

What Do Connecticut Status Quo Orders Do?

According to the official Connecticut Practice Book for 2025, the Automatic Orders entered during a divorce or custody case cover both the parties’ children and their property, including the marital home.

Order of Status Quo for Property

In any divorce – with or without children – the Connecticut Automatic Orders prevent either party from selling, transferring, removing, or disposing of any of the parties’ property, except “in the usual course of business,” as part of the “customary and usual household expenses” or to pay their attorney fees. In other words, neither party is allowed to dispose of their property (there is no such thing as non-marital property in Connecticut), while the divorce is pending, except to pay their normal bills. Everything must be preserved until the parties reach a settlement or the Court enters an order dividing up the assets or ordering that they be sold.

Similarly, the Automatic Orders prevent you or your spouse from concealing any property, encumbering your property (by taking out a loan against it, for example), or transferring property out of your name. In addition, you are not allowed to incur any “unreasonable debts” while the divorce is pending. While it is perfectly OK, for example, to pay your mortgage, utilities and buy groceries, that grand tour of Europe is right out, at least for the time being. Nor are you allowed to change the beneficiaries on any life insurance policies, or remove your spouse from a policy of automobile insurance, which must remain in effect throughout the case.

What Connecticut Automatic Orders Mean for Your Right to Your Home

One reason some people are afraid to file for a divorce is that they worry they will lose their home or be forced to move. The Connecticut Automatic Orders explicitly prevent this, at least while the case is pending. The Connecticut Practice Book says:

“If the parties are living together on the date of service of these orders, neither party may deny the other party use of the current primary residence of the parties, whether it be owned or rented property, without order of a judicial authority.”

In other words, if you and your spouse were both living in the home at the time the Complaint for Divorce was filed, neither spouse can force the other to move out.

However, should either of you choose to leave voluntarily, the spouse remaining in the home may file a motion for exclusive possession of the home, to keep the one who moved out from coming back, particularly if that would result in a chaotic living situation. Be assured, however, that this has little to do with how the value of the home will be distributed in connection with the final dissolution judgment.

Status Quo Orders for Children

In any case involving children, including divorce, custody actions, or complaints for visitation, the Automatic orders say:

• Neither party may move the children out of the State of Connecticut without consent or a court order.
• Either party must provide the other party 48 hours notice, in writing, before voluntarily vacating the family residence.
• If the parents live apart, both parties must help their children have contact with both parents “consistent with the habits of the family,” which may be in-person, by telephone, or in writing.
• Both parties must maintain any existing health insurance or dental insurance and continue to cover the children of the marriage. (This is also true in cases without children and maintaining coverage for the spouse.)
• Both parents must attend a parenting education program from a community service provider within 60 days.

These orders are intended to provide the children as much stability as possible during the divorce process, including contact with both parents, and uninterrupted housing and medical care.

Enforcing a Status Quo Order

The entry of a status quo order doesn’t physically prevent either party from taking action, of course. It doesn’t freeze your accounts or prevent a party from signing a deed, for example. That means that sometimes a party will violate the Automatic Orders. When that happens, you and your Connecticut divorce lawyer will need to file a Motion for Contempt of the Automatic Orders. If the Court finds that your spouse willfully violated the terms of the orders and that the orders were enforceable when the act was taken, the judge can hold your spouse in contempt, order them to return property, or impose sanctions for their misconduct.

Get Help from a Knowledgeable Connecticut Divorce Attorney

Understanding and following the Connecticut Automatic Orders isn’t always easy. It may be hard to tell the difference between maintaining the status quo and doing what is necessary to end your marriage. The Connecticut divorce attorneys at Lawrence & Jurkiewicz can help you understand your obligations under the Connecticut Automatic Orders and advocate for a fair enforcement or modification of those orders to meet your needs. We represent clients in Hartford and Litchfield County who are dealing with difficult issues like divorce. To schedule a confidential consultation to see how we can help you, please contact us today online or at (860) 264-1551.