What does temporary relief or a temporary order mean in a divorce case?
Amidst a divorce case, it can be difficult and take time for you and your spouse to deal with issues like child custody, support payments as well as sharing of your property. In addition, if one spouse controls the money they would be in a decidedly advantageous position during the litigation. In order to make it easier for individuals to deal with such issues, courts often issue temporary orders during a divorce case. Most individuals are actually not aware of this provision in the law. We will highlight what temporary order means.
What is a temporary order in a divorce case?
Temporary orders create a proper guideline for you as well as your spouse to deal with matters in which you are involved mutually. It can be used to provide property or financial support for you or the kids. A divorce case can last for years. During that period of time, lack of support can negatively impact the lives of children as well as your own. That is why temporary family law orders are issued by the court to smoothen out the matters in the interim.
When should you opt for a temporary order in a divorce case?
When you need but are not getting access to children, financial support to children or yourself, as well as splitting of the properties if same requires urgent attention. They cannot be postponed which is why the court can issue a temporary order in a divorce case in order to handle such crucial matters and ion order to balance the parties position through the litigation process.
Temporary orders are legally binding until the final judgment of the court case is drawn. It is not necessary that the final judgment of the Court align with the temporary order. In fact, often the final resolution is not the same as the temporary relief.
What are the matters which are handled by the temporary orders? The matters which are generally handled by the temporary orders include:
•Time Sharing
•Creating a visiting plan
•Financial support for children as well as spouse
•Possession of movable and immovable property to each of the parents.
How do you get a temporary order?
A temporary order can be obtained through the court or it can be decided with the help of an attorney from both of the sides and possibly a mediator. Ultimately if the parties can’t agree, the judge will make a ruling. Temporary orders can provide you with some kind of relief amidst a chaotic and diverse case which is why in most cases both of the parents would prefer to get a temporary order issued pertaining to matters which impact them both.
Barbra Amron Weisberg, PA