What Are Temporary Orders in Divorce Cases?
Temporary orders are just what they sound like. They are orders that are generally meant to be adhered to for as long as the divorce takes. Even a relatively amicable divorce can take a while to complete. In the meantime, you need to figure out who can live in the house, who can use which cars, who gets the kids, and so many other things. These decisions cannot wait until a divorce is complete. A temporary order needs to be issued. If you think that temporary orders need to be issued in your case, our Morris County, NJ divorce lawyers can help you request them.
What Kinds of Temporary Orders Can Be Issued?
Temporary orders can be used for many different purposes. Some common types of orders will decide:
- Who gets child custody
- What kinds of visitation arrangements can be made
- Who gets alimony payments and how much they receive
- How much child support is paid
- Whether either spouse can sell certain assets
- Who can use shared property, like the family home or a vehicle
These orders can stay in place for a while, but the goal is for the couple to negotiate these things as the divorce process goes on. Once they have arrived at an agreement on, let’s say, child custody, any associated temporary orders that were issued are no longer needed.
When Should I Ask For the Court to Make Temporary Orders?
Asking the court to make temporary orders is usually going to be a necessity once one spouse is moved out of the family home. If you and your spouse can agree on certain matters, that’s great. Not every couple is able to come to agreements though, and some can barely sit down at the negotiating table.
The court can issue temporary orders to cover any topics that you and your spouse are unable to agree on. You must file paperwork with the court, telling them what order you want. Your lawyer may be able to help you make a more convincing case.
What is the Hearing for Temporary Orders Like?
At the hearing for a temporary order, the judge will consider your request and talk to your spouse, if they show up. Sometimes other witnesses can also speak at a hearing. In some cases, the judge will only want written testimony from anyone involved.
These kinds of hearings are usually quite short, lasting around half an hour. The judge will decide to grant the order requested, modify the order, or not grant it at all.
Talk to Our Team Today
If you are going through a divorce, you need a strong advocate of your own. Contact Townsend, Tomaio & Newmark to schedule a consultation. We can tell you more about how our experienced family lawyers can be of assistance.