WILL YOU NEED TEMPORARY ORDERS?

Christa Banfield, Esq.

Last week I discussed the question of whether or not to remain living together in the same house while a divorce is proceeding.

If you are not going to be living together (and, in some situations, even if you are) you will want to think about if you will need temporary orders from the court.

Temporary orders are court orders that are in effect while a divorce is pending. They can be reached by agreement of the parties or by having an evidentiary hearing with your judge making the orders.

These orders can address all manner of issues. They can set up a temporary parenting time schedule, make arrangements for who is to pay what community expenses in the meantime, grant temporary child support and/or spousal maintenance, award one party temporary sole and exclusive use of a residence, etc.

Many parties are able to proceed relatively amicably without temporary orders. However, if you are unable to reach temporary agreements, or if your spouse keeps deviating from your informal, verbal agreements regarding these issues, temporary orders may be the best solution.

While they may increase litigation up front, once done they can help to calm the situation, give you an idea of how the judge will lean or rule with respect to the final orders, and therefore encourage settlement.

A decision on whether or not to pursue temporary orders does not need to be made immediately, they can be requested at almost any point. However, if you know right from the beginning that your spouse will be difficult to deal with (perhaps they’ve already made threats about withholding the children and/or financial help) then it’s best to request the temporary orders as soon as possible. While it is a quicker process than waiting for final orders, it can still take 2-3 months to get even temporary orders, particularly if a hearing is required.

If you would like to work with one of our experienced Attorneys, please call OWENS & PERKINS at480.994.8824 to schedule your free 30 minute consultation.

Last week I discussed the question of whether or not to remain living together in the same house while a divorce is proceeding.

If you are not going to be living together (and, in some situations, even if you are) you will want to think about if you will need temporary orders from the court.

Temporary orders are court orders that are in effect while a divorce is pending. They can be reached by agreement of the parties or by having an evidentiary hearing with your judge making the orders.

These orders can address all manner of issues. They can set up a temporary parenting time schedule, make arrangements for who is to pay what community expenses in the meantime, grant temporary child support and/or spousal maintenance, award one party temporary sole and exclusive use of a residence, etc.

Many parties are able to proceed relatively amicably without temporary orders. However, if you are unable to reach temporary agreements, or if your spouse keeps deviating from your informal, verbal agreements regarding these issues, temporary orders may be the best solution.

While they may increase litigation up front, once done they can help to calm the situation, give you an idea of how the judge will lean or rule with respect to the final orders, and therefore encourage settlement.

A decision on whether or not to pursue temporary orders does not need to be made immediately, they can be requested at almost any point. However, if you know right from the beginning that your spouse will be difficult to deal with (perhaps they’ve already made threats about withholding the children and/or financial help) then it’s best to request the temporary orders as soon as possible. While it is a quicker process than waiting for final orders, it can still take 2-3 months to get even temporary orders, particularly if a hearing is required.

If you would like to work with one of our experienced Attorneys, please call OWENS & PERKINS at (480) 630-2464 to schedule your free 30 minute consultation.

Categories:

Contact Our Firm Today

    • Please enter your first name.
    • Please enter your middle initial.
    • Please enter your last name.
    • Please enter your opposing party.
    • This isn't a valid email address.
      Please enter your email address.
    • Please enter your city.
    • Please enter your state.
    • Please enter your zip.
    • This isn't a valid phone number.
      Please enter your phone number.
      You entered an invalid number.
    • Please make a selection.
  • Please make a selection.
    • Must be checked to submit.
Put Us On Your Side