Divorce Guide :: Divorce Information :: Understanding Temporary Orders in Divorce Proceedings
 
Understanding Temporary Orders in Divorce Proceedings E-mail

Anybody who has ever had to file a case in court knows that lawsuits usually take months if not years to get a decision. However, with divorce cases, there are some things that you don't want to wait around for.

There are things that you want to get resolved as soon as possible, even before the final decision about the dissolution of your marriage. With issues like who gets primary custody of the children, who gets the house, who gets the family business and the likes, it's easy to understand why you want these things resolved as soon as possible. That is what temporary orders are for.

The purpose of temporary orders is to have a temporary resolution to things that need to get quickly resolved while the divorce case is ongoing. Here are a few examples of situations where temporary orders could be issued:

1. Restraining order for one spouse - Say for example one spouse is verbally and physically abusive to the other or their children, a temporary order can be issues to restrain him/her from coming near his/her family.

2. Provide spousal support - If a husband walks out on his family, for example, and the wife has no significant means of income, she could ask a divorce court to issue a temporary order for spousal support.

3. Restriction to sell property and assets - Since property division could be an issue during divorce, it's often reasonable to get a court order preventing one spouse from selling off their property and assets, especially without consent from his/her spouse.

4. Arrange visitation schedule - Couples who are divorcing find it more reasonable to get a temporary order to establish visitation rights so as not to put further strain on their children. Especially for couples who cannot amicably agree on this, temporary orders can be very useful.

To ask for a temporary order, you'll need to fill out an Application for Order to Show Cause and an Order to Show Cause. In most state, you'll need to write a supporting letter, declaring the reason for the temporary order. If the divorce court judge grants your request, the order will be signed and proof of service (proof that the papers have properly been delivered to your spouse) will be required.

 
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