What is a Temporary Order?
A temporary order is established during a hearing or negotiations after a couple starts divorce proceedings. Decisions on issues that must be resolved quickly are made, and given temporary effect so that normal life can proceed for both parties. Decisions can be made in a formal divorce hearing or through mediation or negotiation. Despite their temporary legal effect, temporary orders are often considered when the judge makes his or her final decision, which is why it is so important to have excellent representation from the start. The temporary order will include decisions regarding the following:
Sale or possession of the marital home
Possession of the family automobile
Child support, usually based on the child support guidelines/calculator
Spousal support
Child custody and visitation schedule
Health insurance
Uninsured medical expenses
Restraint of a spouse from contacting or coming near the other spouse (this can have the effect of forcing the other spouse out of the marital home)
Preventing either spouse from selling valuable assets and marital possessions.
Because temporary orders are temporary, the hearing tends to be much less formal and not as high stakes as the hearing regarding the final order. That does not mean it’s not important, but the decisions made during the hearing that are enforced by the temporary order can be changed. How well or poorly the parties adhere to the temporary order does have the potential to affect the final outcome. If you or your soon-to-be ex regularly get contempt citations and refuse to follow the order either on purpose or through negligence it can affect the negotiations between the parties and can certainly affect a final decision from the court.
What can I do?
We specialize in coming up with creative solutions and we love to negotiate. We will always be conscious of the costs associated with the agreements that we propose or accept. Lawyers and exes can be sneaky but we will never let them take advantage of you. The temporary order hearing or negotiations are great times to really figure out what really matters to both spouses and to start laying the groundwork for a peaceable resolution. That being said, if your spouse refuses to cooperate or violates the temporary order, or if you or your child’s best interest is threatened, we will not hesitate to bring out the big guns.
Prior to either negotiating or having a hearing regarding a temporary order, it is important that you sit down with your attorney and thoroughly discuss the options that you have and the things that really matter to you. It is helpful to make a list of exactly what you want prior to the meeting. However, if you’re not sure what you want, or unsure about what your rights are, we will help you figure it out. We are good at asking questions, and we are good at getting results.
Help!
There are a lot of moving parts to a divorce and it can be very difficult to navigate. This is where experience and compassion matter. Boeheim Freeman Law is committed to helping you through this process and providing you with the best legal representation and counsel. Why hire an attorney, when you can hire a team?