What Is a Temporary Relief Order And Do You Need One?

Making important family decisions about your finances and your children during a divorce can be confusing and frustrating. While you want to protect your own interests, you also want your life to continue without unnecessary disruption. Sometimes the parties are unable to agree not just on the big things but the little things too. There might be too much hurt nad anger to allow the parties to negotiate about issues like child support, time sharing, or even who is going to stay in the house. A temporary order may be the right solution to protect your personal and financial interests until a divorce is final.

Whether you have already filed divorce or you are just starting the process, it is important to remember that the legal process can take time, depending on the complexity of the case and the disputed issues involved. It can then take many months before the final hearing can be heard before a Judge. In the more complicated cases and under some circumstance, you could be waiting over a year for a Final Judgment (Divorce Decree) regarding custody, support or visitation.

A temporary order will allow either spouse to have a court-ordered parenting-plan or financial arrangement put into place temporarly by the Judge hearing the case, so that you and your spouse can manage the day to day. The temporary orders are usually good until a final decision has been made in your case. Orders can involve, support, custody, visitation, and the payment of rent or a mortgage. If you and your spouse cannot come to an agreement, a Judge will a hearing to address these issue on a temporary basis, weighing the testimony and evidence from both sides and then make a decision.

Issues that arise in a dispute over a temporary order could also impact the results in a divorce. A decision made by a judge could be an indicator of a future final decision. In any event, it is important to try to work towards an agreement with your spouse. Keep in mind that your standards of living will have to be adjusted, as your household income is being divided at the time of divorce.

Categories: Divorce, Property Division