This is the third part in a multi-part series on the divorce process called Divorce 101.
Now that you have picked your divorce attorney and begun the divorce process by filing for divorce the next step is temporary orders. While most attorneys regard the temporary orders as standard or routine it is important to not lose sight of the importance of temporary orders. Temporary orders are the “rules of road” and govern the relationship of the parties regarding such things as child support, child custody, and alimony (spousal support). Temporary orders create the status quo and set precedent for future issues.
What is a Temporary Order?
A temporary order is an order entered by the court after a hearing on a Motion for Temporary Orders. The order is called a temporary order because it remains in place only temporarily as it “expires” when the parties either complete a separation agreement or when a final order is made as the result of a trial.
The Motion for Temporary Orders contains very specific requests. A few standard requests:
- Sale of the marital home
- A specific amount for child support, usually based on the child support guidelines
- A parenting schedule (often referred to as visitation)
- An agreement regarding legal custody
- Health Insurance
- Uninsured medical expenses
The specific requests made by the attorney will vary from case-to-case as each individuals situation has specific facts that will require some things that another case might not. I always make sure to remind my clients that even if the parties come to an agreement while at court, that agreement becomes an order of the court which means that failure to comply with the order will result in a contempt of court. Also, because it is an order of the court, you may seek a modification of the temporary order.
What Can I Expect At My Temporary Order Hearing?
The first bit of advice I give my clients is that most of court is “hurry up and wait.” For the clients, much of the day is spent waiting. I also tell my clients not to expect to get before a judge right away. Most courts will “triage” temporary order hearings by sending them to probation (sometimes called family services). The purpose of probation to get the two sides to agree on as much as possible, if not everything. This saves the judge a considerable amount of time.
For those issues that are not resolved in probation (family services) then the parties see the judge and where each side presents his or her argument. Rarely does a judge make a complete temporary order from the bench. If an issue is time sensitive, he or she may make an order regarding that issue but generally the whole temporary order is made within a week of the hearing. The order will include any agreements the parties have made prior to seeing the judge. If the parties come to a complete agreement while in probation then the judge’s role is to review that agreement. If the agreement is satisfactory the judge will enter the agreement as the temporary order.
The temporary order is critical because it will set the precedent in most cases. More often than not the substance of the temporary order will become permanent because the parties will use the temporary order as the beginning of a separation agreement. The temporary order hearing is also the first time the parties reveal their strategy. I use the temporary order hearings to gauge the real issues of the case.
Make sure to check out the parts of the series Divorce 101:
{ 0 comments… add one now }