The goal of any legal proceeding is to reach conclusions that are final.
In the area of divorces this is especially true because the parties are
typically eager to move on with their lives, free from the connection
to their ex-spouse. Knowing what your rights and obligations are allows
you to make decisions about your future with confidence. But, getting
to a final order starts with the Court making some preliminary decisions
and entering a temporary order on the most important issues in your case.
By and large the most important issue in any divorce case is where the
kids will live, beyond that the issues of
property distribution and who pays what debt come in as a close second. When you file for divorce
the Court will set a hearing to make a determination about these issues
on a temporary basis, so the parties will know what to expect until final
decisions can be made. The temporary order is in place and the terms must
be followed until a final decree is entered. In some cases the content
of a temporary order becomes the final order, but in other cases the terms
can change by the time the case is finalized. If you are happy with the
terms of the temporary order you can seek to have those put in place in
your divorce decree as the final resolution on the issue at hand.
If however you are not satisfied with the temporary order's rules you
have the chance to seek changes during the pendency of your case. You
will either reach a final conclusion through negotiation (which may include
mediation), or the Court will set the matter for trial. At trial the Judge
will listen to each party's request and hear the evidence in support
of those requests. It is important to have a qualified family law attorney
by your side so your interests are protected. You are permitted to make
agreements with your spouse and have those agreements memorialized in
your final divorce decree, but you should only do so after receiving competent
For more information about temporary orders, call an experienced family
law attorney for answers to your questions. We can be reached online at
Call today to schedule an appointment.