FAQs Of Temporary Orders
Depending on the circumstances of your divorce, it could take months or longer for your divorce to be final. In the meanwhile, issues, such as spousal or child support, might require immediate attention. If you and your spouse have issues that need to be addressed by the family court now, here is what you need to know.
What Can You Do?
In the event that you have an issue that has to be resolved now, you can request a temporary order from the family court. A temporary order would result in the court addressing that particular issue within days or weeks. The order could be enforced until the divorce decree is final or until a time specified by the judge.
The order provides you with legal protections and options in the event that your spouse is unwilling to negotiate on certain aspects of your divorce.
When Should You Request a Temporary Order?
A temporary order is useful in certain situations, such as spousal support or child support and custody. You can also request an order if you need a restraining order for you and your children. The order would prevent your spouse from contacting you and your children.
Temporary orders are also issued to prevent certain financial transactions. For instance, you could request an order to stop your spouse from selling an asset, such as your home or car, until the divorce is finalized. It can also be used to decide who retains ownership of an asset.
How Can You Get an Order?
To get a temporary order, you need to file a request with the family court in your jurisdiction. Some courts require you to complete a form and state the reason for your request. The written statement needs to explain the circumstances that have led to your request and why the order should be issued. For instance, if you are fearful for you and your children's safety, you need to offer examples of behavior from your spouse that has led to that conclusion.
Depending on the state in which you live, the court might take action to have your spouse served with notification of the request or you and your attorney might have to have the papers served yourself. Once your spouse is notified of the request, a hearing will be scheduled and both parties will have a chance to state their case.
A temporary order can provide you with a solution to a problem with your spouse. Consult with your divorce attorney to learn more about your state's laws regarding temporary orders and to start the process to request one.