If you are facing a divorce, it is very likely that you have a lot of work ahead of you and that it is going to take some time before that divorce is finalized (What Happens After Your Divorce is Finalized?). This is where temporary orders come in. These orders delineate how you and your divorcing spouse will proceed in the interim between filing for divorce and finalizing your divorce, and they represent critical decisions that set the tone for how your divorce is likely to proceed.
What Role Do Temporary Orders Play
The divorce process can be lengthy, and many couples do not continue to live together throughout that process. As such, you will need to establish all of the following:
- Who will the kids stay with (when and where)?
- Who will be paying for what?
- Who will remain in the family home? (Read more: Keeping Your Home after Divorce)
If one of you is the primary breadwinner and the other stays home with the children, you may have to set up child support and spousal maintenance for the interim (if the stay-at-home parent no longer has full access to family funds.
Hammering Out Temporary Orders among Yourselves
You do not have to go before the court to obtain your temporary orders. In fact, you and your divorcing spouse can hammer them out between yourselves – with the help of your respective divorce attorneys. Your attorney will help ensure that you obtain terms that protect you and your children's rights and will allow you to move forward toward divorce with the necessary resources and arrangements. If negotiations between your attorneys do not resolve the issues, mediation very well may.
Going Before the Court
If you simply cannot come to terms that you can both agree to, you will need to take up the issue with the court via a temporary orders hearing. At this hearing, you cede your decision-making power to the court, which is a roll of the dice. There is simply no way of knowing how the judge will rule on the matters you bring before him or her. Your temporary hearing will be very much like a divorce hearing, and you should prepare accordingly.
With matters that relate to children, which many heard at temporary orders hearings do, the court always rules on what it considers to be in the best interest of the children involved. The glitch is that the judge cannot possibly understand your children’s unique needs the way you do as their parent. In other words, if at all possible, it is in everyone’s best interest to hammer out temporary orders between yourselves. A spouse who refuses to cooperate, however, can make this nearly impossible.
Discuss Your Case with an Experienced Attorney Today
Temporary orders are very important to your ability to move forward toward a divorce that works for you. Attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen is committed to applying his very considerable experience and resources to negotiating for temporary orders that are favorable to you. For more information, please do not hesitate to contact or call us at 254-501-4040 today.