What Is a Temporary Order in a Divorce Case?

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A temporary order can tell a divorcing couple how to handle a certain issue, like child custody, until their divorce goes through. These are often necessary because divorces do not get wrapped up in a day or two. The process often takes a lot of time, and it could take even longer if you and your spouse struggle to agree on key parts of your divorce settlement. A Morton divorce lawyer from our firm can help you negotiate with your spouse and ask for a temporary order to be issued if necessary.

Why Would a Temporary Order Be Needed?

As we mentioned, a divorce can take a lot of time. A temporary order can help a couple address some important things as they negotiate and try to settle their divorce. Once the divorcing couple comes to an agreement on an issue, any temporary order concerning it can usually be rescinded. So if a temporary alimony arrangement was decreed by the court but you and your spouse have come to a new agreement on who should get spousal support and how much, your new arrangement supplants the old one.

What Can a Temporary Order Cover?

A temporary order can address a lot of different matters. The court can make arrangements concerning:

  • Child custody and visitation
  • Child support
  • Alimony or spousal support
  • Division of property

A temporary order can say that the mother gets custody of the children and that they can stay in the marital home. Another order can make one spouse to pay the attorney’s fees and additional alimony for their spouse who cannot work and support themselves. Then these orders can be canceled out when a divorce gets settled and different arrangements are made.

Can I Ask For a Temporary Order?

Sometimes you need to ask for a temporary order if you want the court to weigh in on an issue. Usually, one parent files a petition and asks for something, like alimony or child custody, and then the other parent is allowed to respond. In some cases, both spouses realize that they cannot come to an agreement on something and ask the court to make its own judgment. This order would stay in place until the couple can come to their own agreement.

Do I Need a Divorce Lawyer?

Having a divorce lawyer can make dealing with temporary orders much easier. A lawyer can help you file a petition with the court when you and your spouse need something settled. They can also help you put your best foot forward at a hearing, increasing your chances of getting the best possible outcome. Of course, a lawyer will also be able to help you negotiate the rest of your divorce agreement.

Contact Our Law Firm

If you are ready to move forward with your divorce, don’t go it alone. An experienced family lawyer can make this difficult experience a bit easier to get through. Contact Butler, Giraudo & Meister, P.C. and schedule a consultation today.

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