Temporary Orders

A divorce can be a lengthy and sometimes expensive process. There are times that a quick decision is needed before a divorce is finalized. For this reason, it is often necessary to seek a “temporary order” from the family court. Temporary orders are, just as the name implies, temporary legal decisions that cover important details including finances and custody for the duration of the lawsuit. They are especially useful if there are extreme disagreements between both parties relating to these and other areas.

In many families, one parent is the primary money earner and they might in fact be the only money earner. If the spouses separate then one spouse might find themselves without enough funds to support the members of the household for whom they are caring. It is quite often the case that one spouse will move out during the divorce process. For this reason, temporary orders relating to finances are quite common. Funds can also be accessed to pay attorney fees and for any other essential expenses.

Children & Temporary Orders

Child Support

Children provide very good reasons for temporary orders. Aside from child support to feed and clothe children, they may also need such things as school fees, medical and dental care. Divorces do not tend to be arranged around personal schedules and can occur at times that are quite inconvenient. As important as the financial side of child support is, there are practical arrangements that must be taken care of as well. Temporary custody orders will help to decide where the child lives during the lawsuit. It should be noted that when the divorce is finalized any of the aspects of a temporary order or orders might be changed. The spouse that has custody under the temporary order may or may not be granted custody of the children when the divorce is finalized.

Child Custody

Just as child custody can be covered in a temporary order so too can visitation rights. The divorce process is extremely stressful for children. It is therefore of vital importance as long as abuse was not a factor in the divorce that they can have access to both parents. Weekend visitation, regular phone calls and other contact are a good way to let the children know that they have two parents. Stable parenting is important in order to avoid the complications that can result from a drawn out and difficult divorce.

Which Spouse Keeps the House

A temporary order can be used to determine which spouse will live in the family home. It is often the case that one spouse will leave the home during the divorce proceedings. In fact, they may have already left. If there is a dispute as to which spouse should remain in the family home, generally the spouse that will be caring for the children will remain in the home if a temporary order is required. The spouse with custody of the children will need more space and it will be less disruptive to the child or children if they remain in the family home. If children are not present in the relationship, it is less clear which spouse will remain. The decision is not gender biased and it is likely that the spouse that can most easily afford to move would be asked to move.

Threat of Physical Abuse & Temporary Orders

If there is some threat of physical abuse or other undesirable activity from one spouse then it is possible to seek a temporary restraining order. This can prevent one spouse from coming near the other or coming near the family home. During divorces, emotions are quite often strained and on occasion people do act out of character. If one spouse believes that they might be in danger then a temporary order is a quick way to deal with the problem.

Finances, Assets & Temporary Orders

If one spouse has reason to believe that the other might begin disposing of family assets, a temporary order can prevent them from doing so. A temporary order can be used to prevent a spouse from selling a house or other property and can be used to protect anything that has sentimental value. There are times that property sales are used vindictively by a spouse and a temporary order is an effective solution to this problem.

Length of Temporary Orders

Temporary orders are temporary. They will only be in effect for a relatively short time. While they can be challenged, it is likely to be a wasted effort. Once the divorce is complete, there will be different conditions in effect anyway. If you are interested in challenging a temporary order, the best person to talk to is your family law attorney. If they are handling your divorce, they will be well aware of your case and be able to advise you as to whether it is best to challenge the temporary order or wait for the process to be completed.

Family Law Attorneys & Temporary Orders

If you need a temporary order then a family law attorney will be able to take you through the steps of applying for one. Applying for a temporary order is a relatively quick process that can take care of important matters for the period of the divorce. If the divorce takes weeks or months then it is crucial that certain decisions are made quickly. Your family law attorney will be able to provide you with useful information as to the types of temporary order that you might seek for your divorce.

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