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What Are Temporary Orders In A Divorce Case?

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While a divorce is pending, it can be difficult to get things moving along. The time between filing for divorce and getting it finalized can often stretch into months and potentially years should there be a lot of disagreements between you and your spouse. This is where temporary orders come in. While your divorce is pending, a temporary order can help make sure that nothing big is finalized or decided on, such as the sale or division of your property. If you’ve had help finding a lawyer at one of the best family law chesterfield firms, you’ll have someone walk you through all the things you need to do to speed the case along and start moving forward with your life. Before then, it’s important to know how temporary orders work and what they do. If you’re in the midst of a divorce, here are a few things to be aware of regarding temporary orders.

They Can Help Provide a Temporary Solution

Divorce proceedings can last a long time, especially if there’s a lot at stake. Because a ton of time can elapse between filing the paperwork and being granted the divorce, temporary orders exist so that certain essential details can be decided upon for the time being. For instance, if you have children, it’s helpful to get a temporary order for custody or joint custody so that you don’t have to deal with informality and a confusing, constantly-changing schedule. Once someone puts in a temporary order for custody, the judge can decide on it within the week, and you’ll be able to establish a routine for the interim. This doesn’t mean that the custody decision is permanent in any way. All it means is that it’s approved for the duration of the time between filing and finalizing, and it can be disputed and overturned easily.

They Can Be Overturned

The whole point of a temporary order is that it can be overturned and is not set in stone. Since a divorce may take a long time to finalize, it’s simply not helpful to make a decision about the division of property, custody, and other large-scale issues while everything is still being decided on and the ink has not yet dried. Filing a temporary order allows spouses to figure out what works for the moment so that both can continue trying to live a normal life without constantly having to worry about how to settle up the property, money, and deal with custody arrangements. Temporary orders are quick, and they can help create a sense of normalcy for adults and kids during a divorce proceeding.

They Can Help Resolve Larger Disputes

If you’re not sure what’s going to happen with you and your spouse after your divorce, and if you’re not in a bitter dispute that’s going to take years to settle, you’ll probably want to spend a good amount of time talking about what’s going to happen moving forward. What’s going to happen with the kids? What if one spouse wants to move out of state? If there are joint funds, how will they be divided? What about dividing property and changing wills? These talks can be helped along by the existence of temporary orders. For instance, if someone files a temporary order for sole custody, it can act as a kind of trial period to see whether it works logistically and whether or not it’s best for all parties involved. Because of the order’s temporary nature, nothing is set in stone and nothing is quite as high-stakes or scary as it might seem in a final hearing. Think about using the time between filing and finalization as a time in which to gently try and figure out what works and what’s best for everyone involved.

They May Go Into Effect Quickly

The best thing about a temporary order is that it takes very little time to kick into action. This is best for everyone involved: Rather than sit around having lengthy conversations about theoretical situations and possibilities, a temporary order can legally enstate a condition without causing undue confusion or stress for anyone. Since temporary orders can be easily and quickly overturned, it also means that these choices are less likely to cause bitterness and anxiety between exes. Temporary orders are not about final resolution: They’re about creating a means to an end that allows everyone to stay sane, feel normal, and feel like progress is being made no matter how long the proceedings might drag on for.

About Post Author

Tiffany Hurd

The writer of this article currently manages his own blog and is managing to do well by mixing online marketing and traditional marketing practices into one.
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