What Is A Temporary Order?By Moskowitz Law Group, LLC |
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 legal advice.
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