Divorce in all states includes provisions governing a process for obtaining temporary orders during the course of marriage dissolution proceedings, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Because of the change in the status of a couple after filing for divorce but before a judge enters a final decree, temporary orders of different types exist to protect the interests of each spouse.
Types
Various types of temporary orders can be sought by the parties in a divorce, according to FindLaw. Common temporary orders include those establishing child support, custody and visitation with the children. Other temporary orders set alimony and determine which spouse maintains possession of the marital home during a divorce. A temporary restraining order is available to prevent the spouses from selling property subject to division by the judge during the divorce proceedings.
Functions
The functions of temporary orders vary depending on the intended objectives. A temporary child support order ensures that the financial needs of a child are met during divorce proceedings. A temporary alimony or separate maintenance order exists to make certain that a spouse does not experience undue financial hardship during divorce proceedings. Temporary custody and visitation orders establish the manner in which children are cared for and have access to both parents during a case.
Hearing
A judge typically conducts a hearing on temporary orders. The parties to a divorce do have the option of trying to negotiate agreed-to temporary orders. Absent such an agreement, the parties present their positions regarding temporary orders to the judge presiding in the case, who makes the final decision.
Misconceptions
A common misconception is that a judge in a divorce cause automatically issues a set of temporary orders immediately following the start of marriage dissolution proceedings. In fact, because individual divorce cases present a unique set of facts and circumstances, a court determines the types and content of temporary orders on a case-by-case basis, according to the American Bar Association Section of Family Law.
Expert Assistance
Divorce cases represent emotionally challenging and legally complicated matters. If you find yourself facing or involved in this type of case, seriously consider hiring a lawyer to represent your interests, including seeking appropriate temporary orders to protect your interests. The American Bar Association maintains a variety of resources designed to assist you in finding both private legal counsel as well as organizations that provide low- or no-cost attorneys for divorcing women and men.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- FindLaw: Family Law Center
- American Bar Association: Section of Family Law
