In most cases, a divorce case can take several months or even years to conclude. As a result, the two parties getting a divorce may be forced to decide how to handle parenting time and financial matters for the duration of the pending litigation.
If the two spouses cannot reach mutual agreement on certain matters, the issues will then be heard before a judge in what is called a temporary order hearing. One of the spouses may feel that he/she is better placed to handle some things during the divorce.
This post intends to provide you with everything you need to know about temporary charges in a divorce case. So, let us get started.
What Are Temporary Divorce Orders?
Temporary divorce orders are issued by a family court and provide a way for the divorcing couples to address issues that need resolving before a formal divorce settlement is reached. Some of the issues that can be addressed by temporary orders include, but are not limited to spousal support, child custody, possession of the marital home, health insurance.
Temporary orders can help you and your spouse navigate any unclear areas of your separation while the legal process is still in progress.
Divorce cases can take months or even years to conclude, which is why temporary orders are critical, especially for couples who have kids and want an ideal parenting plan to implement immediately.
These orders are specifically designed to ensure both parties can understand their individual obligations moving forward. Furthermore, they can also be issued as a matter of fairness or to protect the best interest of the children involved.
When Do You Need to Seek Temporary Orders in a Divorce Case?
Sometimes a couple that is facing divorce will need to seek a temporary order when each individual spouse had particular jobs they needed to fulfill in the marriage.
For instance, if one spouse usually cares for the kids as their primary occupation, you may be forced to develop a new parenting plan that allows the other parent to spend some time with the children.
On the other hand, the non-working spouse may need financial support or find a job and choose a childcare facility to look after the children during their work hours.
Typically, these types of issues must be handled urgently since they cannot wait until the time when the divorce is finalized. Therefore, the family court must issue official orders on how the matters will be handled. The temporary orders provide legally-binding guidelines for spouses to follow while handling such issues.
Seeking temporary orders usually requires help from an experienced divorce attorney who will explain how to progress with the matter. Filing for the order requires you to complete numerous pieces of paperwork specifying your concerns.
Some states even have specific forms for different temporary order issues.
Importance of Temporary Orders for Child Custody During Divorce
Some couples can sit down and agree on crucial things on their own. If you find yourself in such a situation, that will be great since it will save you from the hassle of filing for temporary orders. Just make sure you write down everything you agree on and sign it so that there is no doubt about it in the future.
However, if you and your spouse cannot agree on crucial issues, like many couples going through a divorce, make sure you immediately seek temporary orders. This is especially important when it comes to child custody.
If you are planning to maintain custody of your kids, especially if you want to take them away from home, it is critical to file for temporary orders pertaining to child custody as soon as possible.
If you do not, your partner could try to file a kidnapping claim against you, which could work in their favor quite easily. Judges and the police take kidnapping claims seriously, and it could still haunt you later when the judge is issuing permanent orders.
However, if you file for child custody temporary orders and your partner files a kidnapping claim against you, the judge will see the child custody request and drop the kidnapping claim.
Can Temporary Divorce Orders Influence Permanent Orders?
You might be wondering whether temporary orders can influence permanent orders, right? Even though temporary orders do not automatically influence the outcome of the divorce case, they usually set a precedent that the judge may refer to when issuing the final verdict.
In a divorce case, temporary orders are especially critical when trying to anticipate final alimony or child support payments. Unless there is a dramatic shift in the earnings of one or both spouses, the amount of child support issued in temporary orders will most likely remain the same.
Therefore, if your divorce case involves temporary orders for spousal or child support, you will have a good idea of what to expect and how to deal with the situation once it becomes a permanent order.
If you think that whatever you receive under temporary orders doesn’t work well for you and you want to request a change from the court, make sure you talk to your divorce attorney as soon as possible.
Keep in mind that just because temporary orders are non-permanent, they are not easy to change. Once temporary orders have been issued, it takes a lot of convincing and justification to change anything.
What Are the Common Types of Temporary Divorce Orders?
Some of the common temporary divorce orders that a judge can issue include:
1. Temporary Visitation Order
A temporary visitation order is issued when a judge is considering a petition for divorce and the parties have minor children. The temporary visitation order will be in effect until such time as a judge issues a decree of divorce.
When issuing a temporary visitation order, the Court must consider: (1) any temporary orders that were previously issued; (2) exactly what conduct on the part of the custodial parent justifies the modification; (3) whether visitation will be in the best interests of the child;(4) whether visitation is in fact harmful to the child; and (5) whether visitation would result in a material change of circumstances.
A temporary visitation order may only address parenting time, i.e., how much time each of the parents will spend with the child and when, and it must be limited to protect the best interest of the child.
A temporary visitation order cannot change where a child will live or make any changes in terms of legal custody; i.e., who makes crucial decisions such as medical care, education, religious training, etc.
2. Temporary Spousal Support Order
During a divorce, a judge may issue temporary spousal support orders to be paid during the divorce process.
Temporary spousal support may be paid from one spouse to another at a rate that is different from the final amount set by the judge as part of the divorce order. The temporary order can be for a fixed term, such as 3 months, or it could be open-ended.
As opposed to final spousal support, which is generally paid on a monthly basis, temporary spousal support may be paid as a lump sum or in some other fashion such as every two weeks.
Temporary spousal support is often awarded to help one spouse maintain stability and security for themselves and their children while the divorce process moves forward.
3. Temporary Child Support Order
A temporary child support order is issued after a divorce petition has been filed, but before a final judgment of divorce has been issued by the court; in cases where paternity is being legally established (even if there is no request for support); and if there is at least one child in common between the two parents.
In a temporary child support order, the judge will determine who will have temporary custody of the child or children, and how much support will be paid.
The amount of a temporary child support order is based on a formula mandated by state law, which considers both parents’ income and certain expenses. For a list of these expenses please see our article entitled “Child Support Guidelines”.
In some cases, additional financial support will be awarded based on certain expenses deemed necessary for the adequate care of the child.
4. Temporary Custody During Divorce
A temporary custody order is given when the divorcing parties are unable to reach an agreement on the custody of their children. For example, a divorcing couple with children may not come to an agreement about where the children will live and instead file individual requests for temporary orders for support and custody.
A temporary child support order will establish financial obligations until the divorce is finalized. The court may establish a monthly or weekly child support payment, according to the following guidelines:
The court will use both parents’ income to calculate child support unless one parent is unemployed or underemployed. The court may consider extraordinary expenses when calculating child support.
Extraordinary expenses are defined as any necessary expense that is greater than normal for the children’s health, care, and education. Any additional expenses will affect the amount of child support.
Do All Divorce Cases Involve Temporary Orders?
Not every divorce case involves the issuance of temporary orders. In fact, temporary orders are only necessary if the divorcing parties can’t agree on pertinent issues. Spouses can reach a mutual agreement on their own without involving the court.
The advantage of seeking temporary orders is that it helps bring stability to a difficult situation. In some cases, temporary orders can stay in place for relatively long periods.
If there are no children involved in the divorce and parties can agree on a plan to separate amicably, it is possible to forgo temporary orders. In such a case, the parties can proceed to trial without the need for any temporary order.
Legal Help from a Divorce Attorney You Can Trust
The divorce process can be complicated, but having an experienced divorce attorney by your side can make things a little bit easier and help you get the best results out of your case.
Our team of experienced divorce attorneys is here to help you file all the necessary pleadings needed to seek a temporary order during your divorce. Contact us today for an initial consultation!
