There are challenges that a couple must deal with when they decide to divorce. Finalizing formal family court rulings might take months or even years. Numerous problems cannot wait that long. For instance, parties should rapidly resolve matters such as child custody, child and spousal support, ownership of the family automobile, and ownership of the marital house before the formal divorce or legal separation hearings.
These pressing problems are quickly resolved thanks to the family courts’ temporary orders, which are discussed in more detail below.
When a couple separates, family courts hold a hearing and issue temporary orders. Even before filing separation papers, a party may in several jurisdictions ask the family court for an interim order. The hearing can then take place in a few days or weeks.
Plans are made for the urgent family law issues following the hearing. Until the parties go through the formal divorce process or engage in another type of legal settlement, such mediation, the arrangement is temporary and remains in force. Despite having just a short-term legal effect, formal family court judgements frequently take temporary orders into account.
Hearings for temporary orders are generally less formal and shorter than full hearings in family court. Before the hearing, a couple or/and each party should be certain they are clear about their goals. The hearing will move swiftly, leaving little time for participants to dilly-dally in expressing what they think is best.
Temporary Orders Address What?
There isn’t a specific list of topics that all interim orders cover because every circumstance is different. The orders do, however, typically specify the temporary configuration for the following categories of family court cases:
- Sale or ownership of the marital residence
having access to the family car
Child support is often calculated using the child support standards.
Schedule for child custody and visits
Uncovered medical costs
preventing one spouse from speaking with or approaching the other spouse. (This can have the result of ejecting the partner from the marital residence.)
order prohibiting the sale of any important assets or household belongings by either spouse
Keep in mind that not all decisions made through interim orders are final. They are meant to preserve the family’s stability and circumstances until more formal and binding judgments about the family’s future can be made by the family court.
The significance of temporary custody orders for children
Some couples can come to decisions by themselves. It will probably save you some hassle if you ever find yourself in that circumstance. To avoid any future ambiguity, make sure you and your husband jointly draft and sign the child custody and visitation agreement.
If, like many couples going through a divorce, you and your spouse are unable to come to terms with these matters, you should seek a provisional injunction right once. This is crucial when discussing custody of children.
It’s crucial to at least apply for custody as soon as possible if you’ll be keeping custody of the child(ren), especially if you take them away from the house. To best defend your rights and future in family court, you want the legal request on file.
As quickly as feasible, an enforceable order directing the child custody arrangement, including periods for visitation/parent time, needs to be entered into the court’s records. Law enforcement may be reluctant to intervene with one parent against the other in the absence of a court order awarding one parent custody.
The Hearing for a Temporary Order
The judge can do the following during the hearing:
- Review your request’s specifics.
Think about the underlying details
Ask the parties any questions you have.
Find out your spouse’s perspective.
To determine your proposal for child support, take into account both your financial situation and the state laws.
Sometimes the hearing for your temporary order provides an opportunity for the various parties to reach a compromise before appearing before the court. This gives the judge and the court much-needed time to concentrate on the actual difficulties at hand.
Requests for Temporary Orders: The Decision-Making Process
Unless the matter is really time-sensitive, it’s uncommon for the judge to make a judgement right away from the bench (in which case the specific issue will be decided). Within a week of the first hearing, the whole temporary order is typically issued. The court will decide whether to approve the order in its entirety or to make any necessary modifications.
Note: You could be needed to provide proof of your income and a breakdown of your spending if you’re asking for interim child support. Before or when you file your request, some courts may ask you to complete pre-made forms. It may be wise to create these documents even if your state does not have any such obligations in order to bolster your requests for financial assistance.
Sometimes the court finds that more information is required in order to reach a just conclusion or that your spouse was not properly informed prior to the hearing. In these situations, the judge may issue a ruling that is only valid up until a further temporary order hearing can be scheduled.
Any agreements the parties were able to reach prior to the hearing are included in the temporary order. The judge will assess the parties’ agreement if they manage to reach a comprehensive one. Most of the time, the judge deems these agreements to be acceptable and may rule that they act as the temporary order.
Temporary orders only last as long as your divorce is finalized or as long as you and your spouse can agree on a divorce settlement. However, decisions taken at hearings for interim orders may have an impact on divorce procedures.
How to Make a Temporary Order Request
It requires submitting certain documentation to the family court in order to request a temporary order. These forms are offered online on the websites of many courts. Find out whether there is a self-help legal center at your court where these forms could be obtained. Even the courts occasionally employ individuals to assist you with paperwork organization. States have different deadlines for submitting requests for interim orders. While other jurisdictions permit filing immediately after separation, some states mandate that you wait until divorce papers have been filed.
Need a Legal Separation Lawyer in Scottsdale or Phoenix?
As family court lawyers, we have built a network of Arizona mediators, attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyers, divorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, and more.
*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.