When do you need Temporary Orders?
If your spouse is being physically abusive to you or to the children, refuses to provide reasonable support, or refuses to permit reasonable parenting time, the Court will hear your evidence and determine if you will get relief while the case is pending. The intention is to preserve the status quo until the Court can make a final determination of the divorce.
What Relief Can I Request?
The court can provide temporary allocation of parental responsibilities, parenting time, support for the children, temporary maintenance and attorney fees, temporary use of the family home, protective orders, and more.
The Court will hold a hearing which can last from one to four hours. Both parties will need to testify under oath and provide proof of their income and expenses. If parenting issues are disputed each party will testify regarding the best interests of the children. If attorney fees are claimed an affidait of attorney fees is provided. The orders will stay in place until an agreement is reached or the Permanent Orders hearing.
Importance of Temporary Orders
This will be your first opportunity to appear before the Court. Initial orders can influence the eventual outcome of the case. You therefore need to prepare well for this hearing.