Temporary Orders in a Divorce
After a divorce petition is filed, it is important that interim guidelines are established on matters such as child support and the temporary disposition of the family home. Temporary orders are not always necessary, but most divorces are so emotionally charged that it is a good idea to have them in place. Make sure that if you are divorcing, your rights are represented in these temporary orders by hiring a College Station family lawyer.
How Temporary Orders Are Obtained
If the divorcing parties cannot draw up mutually agreed upon temporary orders on their own, the family court judge will do so for them. A temporary order hearing will generally be held within the month after the divorce petition is filed.
Temporary orders are by their nature limited insofar as they are effective only until the final decree is rendered. They very often resemble the final decree, though this is not necessarily the case. The period of time during which temporary orders are effective depends upon whether the divorcing parties can agree upon the main issues of the divorce. In no case will a final decree be issued until 60 days have passed from the time of the petition, but in situations where significant disagreement exists, the temporary orders may last for well over a year.
Matters That Are Affected by the Temporary Orders
Temporary orders deal with matters related to assets, support and custody. The following are some of the matters for which guidelines are usually established:
- Spousal support until the divorce is final. The spouse receiving support is usually the one who has custody of the children.
- Custody of any children in the marriage. The question of which parent the children will live with is one of the most important issues in the divorce. Child support. This is paid by the non-custodial parent.
- Property division. Division of property includes a determination as to which spouse will reside in the family home, who will drive which car, access to bank accounts, etc.
- Child visitation. This needs to be equitable and the temporary orders will be set up to ensure that the children are allowed time with both parents.
Temporary Restraining Orders
Another form of temporary order is the temporary restraining order. These are necessary when one spouse has a history of mental or physical abuse, but also are more generally used to prohibit the sale or transfer of property in the marital estate.
For Questions or Legal Assistance
A College Station family attorney can help you and your divorcing spouse put together temporary orders that are fair and equitable. This is better than having a judge render a decision for you. Call Peterson Law Group today at 979-703-7014 or 936-337-4681.