DADI Blog

Temporary Orders

Posted by admin on April 27th, 2006

Lawsuits and divorce cases can take many months to resolve especially if both spouses are not agreement on important issues such as division of property, child custody and so forth. Many times a couple will need fast decisions that cannot wait until the final divorce degree is filed for answers. This is where temporary orders come in. A judge can make decisions with a temporary order that will aid divorcing couples with immediate answers that will suffice until court. These are just temporary and do not mean that this will be the outcome of the final degree.

Many times, temporary orders can be given by the judge in a special hearing and you will not have to wait for a trial. These types of hearings are quick, so you must be prepared to answer fast and give as much information that is necessary for the judge to give a quick decision.

Temporary Orders are used in cases all the time to aid couples that need quick answers. Your attorney can ask the judge for temporary orders to aid with:

Restraining a spouse from contacting the other one, or from the home

Order child custody and visitation

Alimony and child support

Order each spouse not to sell any possessions

Give an order for the possession of the automobiles

Which parent can reside in the home

The best time to ask for a temporary order is the minute that one spouse moves out of the home. You should contact your attorney immediately with your concerns over child custody, child support, and spousal support. You will at this time want to file for custody of the children, the home and any monies that you are entitled to. Also, be sure that the money in all bank accounts cannot be taken out by your spouse leaving you without any source of income. If you file as soon as possible for a temporary order, your spouse will not be able to claim kidnapping charges against you as you will have a temporary order for child custody and child support.

You can talk with your attorney and he can file the necessary papers for a temporary order. You will still need to give him the information that he needs in order to file. These include:
A statement explaining why you need the temporary order, such as money to support yourself and the children, if others also know your circumstances you can also give their statements to your attorney. The forms your attorney will file are called an Order to Show Cause. Your spouse will receive an order to appear in court on a certain date and time and then he will have to show proof why the temporary order should not be put in place.

In most cases, as long as the judge can see that you need the support and the children are with you, you will be granted temporary custody and support.

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