Couples that are going through a divorce must make decisions regarding spousal support, child support, and child custody. But, it can take months or even years for a divorce to be finalized, and these issues need to be addressed right away. For this reason, the judge will typically issue temporary court orders in divorce cases.
How A Temporary Court Order Works
Let’s say a married couple with children is divorcing and the father is moving out of the marital home so the mother and children can continue to live there. The mother may not make enough money on her own to support her children or pay monthly expenses. She will most likely be awarded both child support and spousal support in the divorce settlement, but that’s still months away. In the meantime, she can request a temporary court order so she is able to provide for herself and her children.
The judge will review her request for a temporary court order within a few days or weeks. If the temporary order is granted, it will only be valid until either the court issues another order or the spouses reach an agreement on their own.
Types of Temporary Court Orders
Besides child support and spousal support, a spouse can also request a temporary court order for child custody. This type of order is requested when the parents are arguing about who should have custody of the children while they wait for a final court order. A temporary court order will include a temporary parenting schedule that outlines when each parent should have custody of their child.
Temporary court orders related to marital assets can also be issued. For example, the court can issue an order that allows one spouse to stay in the marital home during the divorce proceedings. Many spouses also ask for temporary court orders that prevent the other party from selling any assets.
How to Request A Temporary Court Order
To request a temporary order, you will need to submit the appropriate paperwork to the court, including a written statement that outlines why the temporary order is needed. An attorney can prepare and submit these documents on your behalf. A hearing will then be scheduled so the judge can review the details of your request. The judge may ask questions, allow both parties to present their cases, and ask for more supporting evidence during this hearing. At the end of the hearing, or shortly after, the judge will issue a ruling.
Although the order is temporary while the divorce or dissolution is finalized it can be a determining factor in the final arrangement. The welfare of the children is the top consideration in a divorce and maintaining the status quo is seen as a way to minimize the impact on children. If the temporary orders appear to work well for the sake of the children they are likely to become permanent. That is one reason you should have an attorney by your side from the very beginning.
If you are filing for divorce, seek legal representation from the experienced divorce attorneys at Adams Family Law. We will quickly file the appropriate paperwork to request temporary court orders that are in the best interests of you and your children. To schedule a consultation, call 513-929-9333 or email Steven@adamsfamilylaw.com.