If you’re facing a divorce, custody dispute, or other family law matter in Georgia, one of the first things you’ll encounter after a case is filed is something called the Standing Order. At Osbelt & Associates, we believe it’s important for our clients to understand what this order means and how it can affect their case from day one.
What Is the Standing Order?
The Standing Order is a court-issued rule that automatically goes into effect when a domestic relations case—such as divorce, custody, or child support—is filed in Georgia. It applies to both parties equally and is designed to preserve stability while the case is pending.
In plain terms, it’s the court’s way of saying: “Don’t make any major changes until we sort this out.”
Key Restrictions Under the Standing Order
While details can vary by county, most Georgia Standing Orders include provisions like:
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No Disruption of Children’s Lives
Parents must not remove children from Georgia, change schools, or interfere with visitation without agreement or court approval. -
No Harassment or Intimidation
Both parties are prohibited from threatening, harassing, or abusing each other. -
Preservation of Assets
Neither party can sell, transfer, or dispose of marital property (such as bank accounts, vehicles, or the family home) except for normal living expenses or attorney’s fees. -
Insurance Protection
Both parties are required to maintain existing health, life, and automobile insurance policies so that coverage continues uninterrupted.
County-by-County Differences
Every Superior Court in Georgia has the authority to issue its own version of the Standing Order. While the spirit is the same across the state, the wording and emphasis may differ slightly:
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Fulton County: Strongly emphasizes preserving the children’s routine and requires both parents to avoid making disparaging remarks about the other in front of the children.
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DeKalb County: Focuses on maintaining financial stability and specifically prohibits canceling utilities or removing household furniture.
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Cobb County: Includes detailed language about maintaining insurance policies and prohibiting the hiding of financial records.
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Gwinnett County: Broadly restricts harassment, intimidation, or electronic surveillance of the other party, reflecting the county’s proactive stance on protecting families.
These differences matter because violating even a seemingly small restriction can lead to consequences in your specific court.
Why Does It Matter?
Violating the Standing Order can have serious consequences. Judges take these rules very seriously, and breaking them can harm your credibility in court or even lead to contempt proceedings.
On the other hand, understanding the Standing Order can protect you. It prevents one spouse from draining bank accounts, moving children away, or cutting off insurance while the case is being resolved.
How We Help Clients Navigate the Standing Order
At Osbelt & Associates, we guide our clients through every step of the process, starting with the Standing Order. We explain what you can and cannot do under the order and help you avoid missteps that could hurt your case. If your spouse violates the Standing Order, we can bring that to the court’s attention and seek remedies on your behalf.
Final Thoughts
The Standing Order is more than just paperwork—it’s a powerful safeguard that protects both parties and their children during the often-stressful process of a domestic case. Knowing how it works can make all the difference in starting your case on the right foot.
📞 If you’re considering filing for divorce or are involved in a custody dispute, contact Osbelt & Associates today. We’ll walk you through the Standing Order and help you protect your rights from day one.