A Judge Issued Temporary Orders In My Divorce Case – What Does That Mean?
Obtaining a divorce can be a time-consuming process, which can be stressful for couples who need help navigating certain financial or parenting-related matters during that time. In these cases, courts often issue what are known as temporary orders, which address things like child support, time sharing, and living arrangements. As their name states, these orders are temporary and will eventually be replaced by permanent court orders at the time of divorce. There are a couple of ways to go about obtaining temporary orders during your divorce, so if you and your spouse need certain issues resolved immediately and cannot wait until the finalization of your divorce, you should think about reaching out to an experienced Clearwater divorce lawyer who can help you come up with a plan.
Filing a Motion
Couples who need certain issues resolved, at least while their divorce is pending, can petition the court, asking for the issuance of temporary orders. Before taking this step, however, couples will first need to attempt to negotiate an out-of-court agreement on these issues. It is only when an agreement cannot be reached that the parties can ask the court to intervene. After filing the initial petition, the parties will need to submit documentation about their income, expenses, and assets to the court.
What Issues Can a Judge Address?
Courts don’t always hold hearings on temporary orders. Often, couples can actually choose whether they want to attend a hearing, or whether a judge can issue a written decision without one. If a petitioner doesn’t request a hearing, but the other spouse wishes to, he or she can file a request. In the event that a court does hold a hearing, both spouses will be given the opportunity to present evidence and arguments to a judge, who can then decide on:
- A temporary child custody and visitation schedule, so that each parent knows when he or she will be responsible for child care;
- A temporary spousal maintenance award, if one of the parties needs financial help during the divorce;
- A temporary child support award, which will be based on the parties’ incomes and the temporary custody and visitation schedule;
- Who will be responsible for paying household expenses and other bills until the divorce is finalized; or
- Which spouse will temporarily have ownership of the couple’s house or vehicle.
Temporary orders are intended to help provide couples with guidance while their divorce is pending and will only remain in effect until the couple settles the case or they go to trial.
Call Our Office to Schedule an Initial Consultation
While not permanent, temporary orders can still have a significant impact on a family’s day-to-day life, dictating how often the parties can see their children, who will be responsible for paying household expenses, and who can stay in a shared home. To ensure that your own interests are protected when requesting temporary orders, please call the dedicated Clearwater divorce lawyers at Cairns Law today. You can reach us at 727-683-1472 or via online message.