Getting a divorce can take significantly longer than any person wants, and because of this, can leave some very important decisions hanging in limbo. Details such as child support and visitation, financial access, or spousal support sometimes cannot wait until the divorce goes to trial. In these cases, it may be best to obtain a temporary divorce order.
Is a temporary divorce order right for me?
When a couple makes the agreement to divorce, they have the option to develop an agreement between themselves concerning expenses and child support until the full trial, or the option to go before a court and allow a judge to decide.
Temporary divorce orders can be granted in order to establish:
- Possession of the home or car
- Child custody and visitation
- Order not to sell assets
- Child support and alimony
- Restrictions for the spouse in the event of violence
The temporary divorce order will remain valid until the full trial or until the spouses come to another agreement on the divorce.
How to Apply for a Temporary Divorce Order
In order to apply for a temporary divorce order, a person must file to request a court order and write a declaration detailing why a temporary order is necessary. If a temporary order is granted, it must also be served to the other spouse in order to ensure they know to comply with the divorce order. The final step is to attend a court hearing with relevant paperwork for the support that needs to be granted. The judge will issue a final ruling at this point.
In some cases, it may be extremely important for some issues to be addressed immediately. While a temporary order may not be indicative of the final divorce settlement, it is a way for a spouse to receive the support they need until the full trial is held.
If you or a loved one needs to file for a temporary divorce order but are unsure how to proceed, contact the attorneys at Cutter & Lax. Out firm can guide you through the process and help make sure your needs are taken care of through your divorce hearing.