Potential clients frequently ask how to protect their assets when they file for divorce, particularly in the event their spouse takes control of their assets, liquidates a bank or investment account, sells a car, takes a second mortgage on the house, racks up a bunch of credit card debt, etc. Without an agreement or court order, all of those actions are improper because they “dissipate” or waste marital assets that must be included and divided as part of the marital estate. Luckily, several counties, including Hamilton County, have local rules that immediately protect parties against dissipation of assets prior to a preliminary hearing. These rules are similar to Indiana Trial Rule 65(E) regarding temporary restraining orders in domestic relations cases, except that they do not require an initial petition or court order. In fact, Hamilton County’s local rule has a similar provision to Trial Rule 65(E)(1)(b) against removing children from the state as well. Hamilton County’s local rule LR29-TR65-212 states:
In any Domestic Relations case filed in Hamilton County, the parties shall not, without hearing or security:
a. Transfer, encumber, conceal, sell or otherwise dispose of any joint property of the parties or asset of the marriage except in the usual course of business or for the necessities of life, without the written consent of the parties or the permission of the Court; and/or b. Remove any child of the parties then residing in the State of Indiana from the State with the intent to deprive the Court of jurisdiction over such child without the prior written consent of all parties or the permission of the Court.