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An Overview of Temporary Orders During a Divorce | Allan Brandon Tise PLLC, Attorney at Law
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A temporary order can help you resolve urgent issues as you wait for the final divorce decree. Below are some temporary orders you may need during a divorce.
Temporary Child Custody and Visitation
You may need temporary child support and visitation orders. If you have moved to another city while the divorce is still pending, you should ideally negotiate with the other parent and agree on an arrangement. However, you can seek the court's help if you cannot agree.
Here are some factors the court will consider.
- The child's age
- The child's educational needs
- Evidence of abuse
- Parenting abilities of the respective parents
For example, the court is unlikely to award temporary custody to a parent with an ongoing domestic violence case. Both parents have to provide evidence to support their demands.
Note that temporary child custody and visitation rights usually last until you come up with a permanent child custody arrangement. However, a temporary arrangement may set the stage for permanent child custody. Therefore, you should treat the application for temporary child custody just as seriously as you would the deliberations for permanent child custody.
Temporary Support
You may also need temporary spousal and child support. You can claim child support if you are the custodial parent or in a shared custody agreement if your income is lower than your partner's income. Note that the two supports are different, and you can get both or without the other.
The amount of child support you can receive depends on:
- The number of children
- Each parent’s gross monthly income
- Childcare costs
- Medical insurance costs for the child
- Extraordinary expenses for the child
- The children's needs
- Post Separation support for the spouse depends on:
- Your respective income and reasonable need
- Needs of the financially dependent spouse
- Ability of the financially supporting spouse to pay post separation support
The court will evaluate your application as a whole before ruling on it.
Asset Possession or Use
You may also need the court's help on who should use your marital assets while the divorce is pending. Shared assets, such as the family home or van, tend to be especially contentious for separated couples going through a divorce.
Maybe you have major disagreements with your partner, and you want them to move out of the house. However, your partner also has a claim to the house and wants you to be the one to move. Another example is you have one car and your schedules and use of the vehicle clash now that you have separated.
The court will judge these issues on a case-by-case basis. For the marital home, here are some of the factors the court may consider:
- Whose name is on the title
- Whether your divorce involves domestic violence issues
- Who has physical custody of the child
- Whether you can afford alternative living arrangements
In many cases, you should stay in your marital home unless the judge orders you to move. The exception is if you cannot afford to stay (say, due to mortgage payments), or you will be in immediate danger if you stay.
Asset Disposal
Lastly, you may need temporary orders to sell or gift some property or prevent your spouse from selling some property. You do not have the authority to sell marital assets with a pending divorce.
In fact, a divorce petition typically comes with temporary restraining orders that bar either party from disposing of assets. You need the court's permission to overturn such an order in such a case. For example, you may petition the court to sell a property if your divorce has dragged on for a long time, you need money urgently, and the sale is the only way to get money.
Allan Brandon Tise PLLC, Attorney at Law, has extensive experience with family law issues, including divorce. Contact us for a consultation if you need a temporary order or need help with any divorce issue.
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