How To Divorce Part Two: Temporary Orders
In part two of this how to divorce guide, we discuss temporary orders. Temporary orders can be granted on nearly every facet of your divorce, but are most commonly used for spousal support, child custody, child support, and Restraining Orders.
Temporary orders are different from the automatic restraining orders that go into effect when the Petition is filed see here . Temporary orders are those that someone has requested. To get a temporary order, one party must file an Order to Show Cause.
You can go in ex parte to get orders when necessary. Ex parte literally is Latin for "without the other party," but in real life it means that you don't have to give much advance notice. These ex parte matters can be heard on an expedited basis. Part of knowing how to divorce properly is knowing how and when to go in ex parte.
Issues of financial control, child custody, and restraining orders may be addressed on an ex parte basis. If one party has the children and will not allow the other to see them, that may be the basis for an ex parte order. Likewise, if one party controls all or most of the financial resources, the court will consider making ex parte orders.
If there is a likelihood that there will be support ordered in a case, it is generally a good idea to get the orders as early as possible because Judges may be unwilling or even unable to order back support.
Some Judges will not make an ex parte order concerning child custody unless it is shown that the order is necessary either to prevent immediate harm to the child or because of an immediate risk that the child might be removed from the state. Other Judges are more open to ex parte orders. Either way, the Judge will refer the case to mediation to see if the parties can work out an arrangement on their own.
Sometimes a Judge will make a decision based only on the paperwork presented in the Order to Show Cause. That's one reason why it's good to have an attorney -- your paperwork needs to be superior. Other times, the Judge will have a brief hearing. This is not a full-blown trial. You won't get to say much. But the Judge may have some questions that you will be expected to answer.
So that covers the "temporary orders" part of how to divorce.
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