Temporary Orders in Divorce
Divorce is often preceded by months or years of marital discord, and when a couple finally decides to end the marriage there is great potential for conflict. Once the divorce is filed, the disagreements do not magically disappear. At the time of the filing of a divorce, a request can be made of the court to make temporary orders that maintains the status quo while the parties negotiate through the divorce process. We find at Chernoff Law that Temporary Orders are absolutely necessary to make sure that a disgruntled party doesn’t interfere with the child-parent relationship, run up debts or waste community assets. Temporary orders keep the situation under control by putting legal agreements in place that govern the relationship between you and your spouse between the date you file for divorce and the final decree.
Temporary orders often include a temporary restraining order component that prevents the parties from involving in emotional or physical abuse. It can prevent one party from aggravating the situation by alienating the child from a parent. After temporary orders are requested, a court date is scheduled for the parties to litigate or negotiate the terms of the orders.
UNDERSTANDING TEMPORARY DIVORCE ORDERS
Temporary orders have the effect of freezing the status quo. it speaks to all issues that have the effect of disrupting the lives of the parties and children. A temporary order can also establish terms for matters such as:
- A parenting plan including child custody and visitation
- Possession of the marital home
- Spousal maintenance/alimony
- Payment of attorney’s fees
- Production of documents, including pay records and financial information
- Child support
The court can issue you a temporary ex parte order, but as noted will schedule a hearing to allow your spouse to contest the terms of the order. The hearing will occur within a very short period of time. A temporary restraining order can also ask for extraordinary measures if you have been the victim of domestic violence and fear that you will suffer continued abuse in the future. It is advisable to retain expreienced legal representation to help you achieve a set of orders which are tailored to your case. It will be necessary to appear in court for the temporary orders hearing, and you will perhaps be required to give testimony. A good, experienced family law attorney can help you prepare for this battle. Call us today!