Understanding a Temporary Order
When a married couple decides to separate, there are many important issues that arise. Formal decisions resulting from court proceedings can take months or even years. Urgent decisions can’t wait that long which brings about the need for a temporary order. A temporary order will dictate how important matters are to be handled during the divorce proceedings.
Issues Covered by Temporary Orders
Temporary orders are a key component in deciding how certain important matters are handled while the couple is separated. Because every situation is unique, there isn’t a one-size-fits-all solution. If you have children, own a home together and other assets, or have debt, your case may be more complex. A temporary order will take into consideration the issues that apply to your situation. A divorce attorney can help you sort out such matters as the following with a temporary order.
If you have children, a temporary order will determine which parent will have physical custody of the children until a final order regarding custody is issued. A family law court will take into account what is in the best interests of the children when granting custody.
The parent who doesn’t have physical custody of the children will be ordered to pay child support to the custodial parent. The non-custodial parent is normally awarded visitation rights and will be required to pay child support as determined by the court. These arrangements can become part of the final divorce decree.
Sale or Possession of the Marital Home
Aside from the children, the matter of what to do with the marital home is one of the most important issues separated couples face. A decision needs to be made as to who will remain in the home or if the home will be sold. Often, the custodial parent will be awarded the right to stay in the home as this is considered what is best for the children.
A temporary order can ensure that a spouse can maintain their standard of living while the divorce proceedings are taking place. If one spouse was paying the mortgage, utilities and other essentials, then you can request a temporary order that will allow you to continue receiving money from your spouse to cover those essentials.
Health insurance is an important matter and a temporary order will determine who is responsible for maintaining health insurance for the children. If your spouse maintained a family policy that covered you and the children, then you can request a temporary order for health insurance. Your spouse will then be required to carry the health insurance on the family throughout the divorce proceedings. Because the separation period is often a bitter time for both parties, the spouse who carries the insurance on the family may be inclined to cancel such insurance. A temporary order will block your spouse from doing this.
Family law will dictate what takes place as far as other important issues. When seeking a divorce, situations can become tense and heated. A temporary order will help to maintain peace and make clear what is expected of each party. Other matters that will be addressed in a temporary order include:
- Restraint of a spouse from contacting the other spouse
- Prohibiting the sale of valuable assets or marital possessions
- Paying for uninsured medical expenses of the family
Temporary Order Hearings
A temporary order hearing will take place to allow the judge to:
- Review details of the request
- Consider underlying facts
- Ask questions of both parties
- Hear your spouse’s side of the story
- Review your finances and state guidelines to determine the child support amount
After this hearing, you and your spouse may be ordered to mediation. Mediation will allow both parties to come to an amicable agreement so that the court is not responsible for making important decisions affecting your family. Issues that can’t be resolved will be brought before the judge. It would not be common for the judge to make a determination from the bench. You can expect the temporary order to be granted within a week from the initial hearing. The judge may grant the order as it was presented or modifications may be made as the judge determines is necessary.
Get Solid Advice
Separation and divorce are hard on everyone involved. Situations are very tense and it can be difficult to work through the important matters that have a direct impact on the family. When facing a divorce, you need an Edwardsville, IL divorce attorney to assist you with the process. Family law will dictate the outcome of your divorce. A temporary order will settle important matters and both parties will know what is expected. Contact the Law Offices of Robert Elovitz. We can provide you with expert legal advice and help guide you through the confusing maze of family law so that both parties can have a successful outcome.