Temporary Orders in Divorce Cases
Divorce cases can take months or years to be finalized in court, and unfortunately there are more immediate short-term decisions that must be figured out before the process is finished. As a result, a family law judge has the power to adjudicate these decisions in the form of temporary orders that last for the duration of the divorce proceedings. These orders are less formal than a standard hearing, not part of the final divorce decree, and are terminated when the divorce is finalized.
Types of Temporary Orders
Temporary orders in a divorce can cover any immediate issues that need to be resolved before the divorce is finalized. This type of order is usually valid until the court can hold a full hearing on the issue or the divorcing spouses come to an agreement through negotiation. The different types of temporary orders can include:
- Temporary child custody order;
- Temporary child support order;
- Temporary alimony order;
- Temporary restraining order;
- Temporary order to prohibit the selling of assets;
- Temporary order establishing who lives in the primary residence;
…and other orders that temporarily settle issues while the divorce is on-going.
How to Get a Temporary Order
A family law attorney is best suited to file and obtain temporary orders for you in court during your divorce. The process involves preparing forms and other paperwork in addition to establishing the need for these orders in front of the judge. It is important to note that in some courts you will not be able to apply for temporary orders until you have already filed for divorce. Many courts with this stipulation will allow you to file for divorce and submit the temporary order simultaneously, but you should be prepared with all of the necessary paperwork at that time.
The Florida Courts have a resource that provides some of the necessary forms for a temporary order against your spouse during a divorce. However, you may need to make a formal request for the order that you want. These are known as applications or a “show cause” form.
In addition, you must also provide the court a supporting declaration, which is a written statement that explains why you should be legally entitled to the temporary order that you are requesting. If possible, you should also submit declarations by other parties that have first-hand knowledge of the facts that you are alleging.
When asking for the temporary order, you should also come with a copy of the order that is ready for the judge to sign if he sees fit after the informal hearing. Finally, you must provide a proof of service to the court after the temporary order has been granted, and you have notified your spouse through the proper delivery channels.
Contact a Florida Divorce Attorney Now
If you have questions about obtaining temporary orders during your divorce or any other questions regarding family law in the Orlando area, let the experienced office of Steve W. Marsee, P.A. help. Call or contact the office today for a free and confidential consultation of your case.