What Are Temporary Orders in a Divorce Case?

Posted on June 08, 2018 03:19pm
What Are Temporary Orders in a Divorce Case?

Once your divorce is final, you and your ex-spouse will have a detailed agreement outlining how to handle each aspect of your divorce. Your settlement agreement can include rules regarding child support payments, spousal support payments, child custody, what to do with your shared property, and so on. However, while you’re in the thick of the divorce process, how are you and your spouse supposed to handle these issues?

What Are Temporary Divorce Orders?

Temporary family law orders provide a way for couples to address issues before a formal divorce settlement is agreed upon. Issues that can be addressed include temporary child custody, spousal support, health insurance, possession of the marital home, and more.

Temporary orders help you, and your spouse, navigate any unclear areas of your divorce while the legal process continues to progress. Official court orders can take years to go through, which is why temporary orders can be so essential, especially for spouses who share children and need a parenting plan to implement immediately.

If you are going through a divorce and you need a plan to adhere to during the divorce process, make sure you understand how temporary family law orders can work for you.

When Do You Need Temporary Orders in a Divorce?

The legal process in a divorce case can last months or even years. During that time, many couples still need to figure out how to handle shared parenting, splitting properties, and their new financial situation. For example, if one parent typically cares for the children as a primary occupation, the parents may have to figure out a new parenting plan that allows the other parent time with the children after work or on weekends. Also, the non-working parent may need financial assistance or need to find a job and select a childcare facility.

Usually, these kinds of issues need to be handled immediately, and they certainly can’t wait until the divorce is finalized and the court has made official orders. So, in the meantime, temporary orders can provide legally-binding guidelines for spouses to follow.

What Issues Can Temporary Orders Cover?

The court grants temporary family law orders when necessary. Usually, these orders last until both parties reach an official settlement. Temporary orders can occur either through scheduled court hearings, as ordered by a judge, or through the mediation process.

These orders can handle the following matters on a temporary basis:

  • Establish a child custody arrangement
  • Create a visitation plan
  • Provide spousal support
  • Provide child support
  • Grant one spouse the possession of the house, car, or other property

How To Obtain Temporary Family Law Orders

If you wish to obtain a temporary family order for your divorce, you must first file a petition, after which you can file a motion for a temporary order with the court. In the motion, you must specify why you need the temporary orders and what you want the order to include. Depending on what you ask for, additional paperwork may apply. For example, if you are asking for a temporary order regarding child custody or visitation, it is important to have a proposed parenting plan beforehand. Also, if you are requesting an order for child support or spousal support, make sure any other additional worksheets and forms are filled out.

Let Our Firm Help You

Asking the court for a temporary family law order can feel like a daunting task, especially if you are focused on preparing for your divorce. Because the process can be so complex, it is essential to have the assistance of an experienced divorce attorney to protect your interests. Our lawyers at McKinley Irvin can help with all relevant petitions and motions, sorting through any necessary documents and paperwork. We know how to handle temporary orders for divorces, and we can help you through each step of the process.

Contact McKinley Irvin at our Washington office to discuss your divorce case with our attorneys.
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