When it comes to divorce you might need a temporary order. Jaclyn Robertson, founder of JR Law Group, and specializes in divorce and family law matters, joined us to share the four things you should know about temporary orders.
1.What is a temporary order?
A temporary order governs child custody, parent time and support, alimony, property distribution, attorney fees and other matters during divorce or parentage proceedings. Once a divorce action has been filed with the court and served to the other party a temporary order is a tool you can use to get some interim relief from the time your divorce is filed to the time it is finalized.
2. Who needs temporary orders?
Not everyone needs temporary orders. It’s not a requirement, but they’re generally used in cases that involve conflict. For example, when one divorcing spouse moves out of the house, you have two options: Either reach an agreement about how you’ll share expenses and about child custody and support, or go to court and ask a judge to decide. If you go to the court then they will issue a temporary order.
3. What is the process?
Once your divorce case has been filed with the court your attorney will file a pleading with the court. Once this done, the other party will be served and then asked to file a pleading themselves. From here, both parties will attend court and your attorney will be the mouth-piece during the hearings. They will advocate for your individual needs and requirements throughout the process.
4. How long do Temporary Orders last?
Once a temporary order is in place, they can govern you and your spouse until the divorce is finalized.
Temporary orders can resolve some of the more immediate issues like:
- Sale or possession of the marital home
- Restraint of a spouse from contacting or coming near the other spouse (this can have the effect of forcing the other spouse out of the marital home)
- Possession of the family automobile
- Uninsured medical expenses
- Child support, usually based on the child support guidelines/calculator
- Child custody and visitation schedule
- Spousal support
For more information visit JR Law Group.
This story contains sponsored content.