Getting Temporary Orders During Your Divorce Proceeding
Once a divorce is filed, there are still many legal steps to take before the process is finalized. Most divorces take at least six months to complete. In the meantime, the parties may have issues concerning shared finances, property division, and child custody that require immediate attention. If the parties cannot agree on how to handle these various complications while the divorce is still pending, what options do they have? Read on to learn about temporary orders available during a divorce proceeding, and speak with a knowledgeable Claremont divorce attorney if need help with a California family law matter in Los Angeles or the San Gabriel Valley.
How to Get a Temporary Order
Temporary orders can be used to address a variety of issues that arise while a divorce proceeding is pending, but before the divorce is finalized. Either party can seek a temporary order at any time during the divorce proceeding. Orders can be obtained by stipulation (agreement of the parties) or through a contested motion. Even an order by stipulation can be helpful, ensuring that neither party backs out of an agreed-upon obligation. Temporary orders can stay in place for a set period of time until they are superseded by other orders, or until the final divorce judgment is issued.
Types of Temporary Divorce Proceeding Orders
Temporary orders can address issues including, but not limited to, the following:
● Child custody and visitation. Child custody is often one of the most heated issues in a contested divorce. Emotions may be at their hottest right after a divorce is filed. When a couple splits and one party moves out, they have to decide what to do about shared children. If the parties cannot agree, the court can issue a temporary custody order outlining the schedule for custody and visitation.
● Interim support payments. Child and spousal support are necessary to keep the status quo for the lesser-earning party and any shared children. When a couple files for divorce, financial obligations do not simply disappear until the divorce is finalized. The court can issue a temporary child support order based on the temporary custody order or arrangement. The judge can also issue a temporary spousal support order if one spouse clearly requires financial support while the divorce is ongoing.
● Residence in the family home. Divorcing couples often struggle with the question of who should move out of the house during the divorce. Living together for the duration of the divorce might work for some couples, but in many cases, it is simply not feasible. If the parties cannot agree, they can ask the court to decide who should be permitted to reside in the home during the divorce, without making a final determination on who will own the house when the divorce is completed.
Call a talented and trial-ready divorce lawyer for help with property division, child support, child custody, or any other family law matter in the San Gabriel Valley and Los Angeles County by contacting the Claremont offices of Blasser Law at 877-927-2181.