When you first married, you would have never thought you would be talking about getting a divorce one day. One opts for divorce only when they can no longer keep up with their partner. Divorce can get pretty ugly, no matter how much in love you were when you got married.
The decision to get divorced isn’t something that one takes overnight. It’s a result of prolonged harassment (physical, emotional, financial, or sexual) or the failure to reach an agreement on important matters of life. And when one finally files for a divorce, things can turn for the worst. That’s where you may want to consider temporary orders from the court.
If you think your partner can create problems for you and your children and make things more difficult for you while the divorce is still pending, you should seek temporary orders through your attorney. Temporary orders in divorce cases can ensure things proceed smoothly and pleasantly till you get officially divorced.
Read this blog to understand temporary orders in divorce cases better.
What are Temporary Orders in Divorce Cases?
The petitioning spouse can file for temporary orders for matters that are yet to be decided during the divorce case. If you’ve filed for divorce and you think your partner will create problems for you when it comes to matters where you and your children are concerned, like possession of the residence where you lived with your spouse, parenting time if the child is minor, child support, etc., you can file for temporary orders.
When the court issues temporary orders in divorce cases, the other party is bound to follow and uphold the court’s orders and not do anything that the judge has pointed out. The other party can’t interfere with the petitioning spouse’s privacy, molest them, or breach their rights. Temporary orders maintain the status quo while the divorce proceedings are underway.
In What Situations Can One File for These Orders?
It can take up to several months or even years to finalize a divorce. So, how do you manage matters where they require the involvement of both partners? Like matters and decisions about your child. And the use and possession of any properties co-owned with your partner? This is where temporary orders come into the picture.
The judge enforces temporary orders or interlocutory orders during divorce proceedings. To put in black-and-white matters that may become a reason for further dispute. You can file for temporary orders on issues relating to:
- Parenting time
- Child support
- Decisions relating to your child
- Possession and use of the property (marital residence or any other properties that you and your partner owned together)
- Payment of expenses, including your children’s fees, mortgage, bills, etc.
- Debt repayment
- Spousal support and maintenance
What Happens After Temporary Orders Are Passed?
When the court passes temporary orders in divorce cases, they solve important problems temporarily. When the divorce is finalized, these orders are null and void. Some of the most common matters that temporary orders handle and provide a solution to include:
- Give one spouse the possession of the car, house, or any other property (this is when the petitioning spouse feels the other partner may take unfair steps concerning the assets in which the petitioning spouse has a rightful share)
- Create a visitation plan if one of the partners has been the child’s primary caretaker. In this case, the judge helps the parents work out a plan where both parents get to spend quality time with the child.
- Ensure the working partner provides spousal support to the non-working partner.
- Ensures child support and maintenance.
- Help the partners reach a child custody arrangement.
How to File for Temporary Orders?
Your attorney will file for temporary orders during the divorce proceeding on your behalf. They’ll submit credible evidence and information in the court that supports your request. For example, if you’re requesting the judge to ensure your spouse doesn’t sell a property that you co-own, you’ll have to submit evidence to prove that you’ve got a share in the property. The court wouldn’t grant temporary orders just because you asked for them. Witness statements can help too.
The court will conduct a temporary order hearing. The hearing can be of two types. In the evidentiary hearing, the witnesses will be present in the courtroom for their testimony. Then in the proffering type of hearing, your attorney will submit documented proof of what witnesses have to say (orally or via affidavit). In some cases, the hearing would require only the petitioning spouse and their attorney. However, this depends on the severity of the case. As well as, the consequences if they don’t grant temporary orders.
How Soon Are Temporary Orders Imposed and How Long Do They Last?
Temporary orders are imposed with immediate effect. There’s no grace period after the judge has given their ruling. These orders, in no way, represent the final outcome of the divorce case and the final settlements the judge will impose. It’s just temporary. These orders only last while the divorce proceeding is underway or till the court passes a new order. Temporary orders are null and void after the divorce is finalized.
How to File for Temporary Orders?
If you think these orders will be helpful in your situation, you should discuss it with your attorney. Remember that every state has different procedures and laws governing temporary orders. Your attorney will help you understand what the law of your state says and what procedure you must follow. Once you decide on the details of the temporary orders needed. Then your attorney will complete the paperwork and represent your case before the judge. The judge will grant temporary orders if your evidence is sufficient to support your request.
Temporary orders safeguard the rights and privacy of the petitioning spouse while the divorce proceedings are underway, thereby ensuring that matters between spouses don’t worsen further.
If you would like to understand family law and divorce cases better, visit our legal blog Spirit One. It’s best to equip yourself with relevant knowledge before taking any further steps.