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If a Final Order granting divorce is void, do the previous Temporary Order become effective automatically?

Houston, TX |
Filed under: Divorce

Rephrased question from previous post...Temporary Orders are in full force until Final Orders. Final Orders have been rendered and awaiting signature and entry. My question is, if the Final Order gets vacated because void, are the Temporary Order still in effect after the vacate of Final Order?

Attorney Answers 4

Posted

Why would the final order be vacated? You may have to establish new temporary orders if the final order is entered and then vacated, but you can request they be the same as the previous temporary orders. If you're asking the court to void the final order, you should also request that the reinstate the temporary orders.

This post is general information about divorce and family law in Arizona, and is not legal advice. Divorce is a complex process, and taking legal action without the one-on-one professional advice of a lawyer can produce unexpected results.

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Asker

Posted

If I can get Court of Appeals to vacate final order BEFORE it it is Entered, will the temporary orders still be in effect since the final order would have been stopped from being signed and entered?

Taylor House

Taylor House

Posted

The temporary orders should be in effect until the final order is entered. I don't think the court of appeals will vacate anything before it is signed/entered. The court of appeals can (usually) only review final judgments, so you may need to wait until the final divorce decree is entered before appealing. It sounds like there are a lot of issues here that need to be address, and I would suggest talking with an attorney to point you in the right direction. Many provide free consultations. I don't mean to give you a non-answer and just tell you to get an attorney, but this does seem like a complex case and it would help a lot to have an attorney on board.

Posted

If I recall your previous post, you think the final order will be void because of jurisdiction and possibly some other reason. I agree with other attorney that if you ask court to vacate final order, also ask court to reinstate temporary orders... if that is what you want.

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Posted

It depends. Your question does not tell us enough to understand what is currently happening. If the Final Order is void because the court lacks jurisdiction (as suggested by another answer), the court might lack jurisdiction to enter temporary orders too.

The period of time between "rendering" and "entry" of orders is often a confusing and problematic one. I suggest you hire an attorney in Houston to help you with that. It sounds like you may need some clarity. Good luck..

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Posted

Once the final order is signed, the temporary orders are no longer in effect, UNLESS the final order specifies otherwise with such standard language as -

Resolution of Temporary Orders
IT IS ORDERED AND DECREED that all obligations and duties for temporary child support and temporary cash medical support, and for payment by Respondent of attorney’s fees, imposed by the temporary orders of this Court that are not yet discharged shall survive this judgment, and independent enforcement may be sought.

Additionally, temporary orders usually have the following standard language:

Duration
These Temporary Orders shall continue in force until the signing of the final order or until further order of this Court.

Further, how is it determined that the final order is void? Did the court that issued the final order decide that? Did the court of appeals decide that? Or did you decide that?

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