Temporary Orders in a Family Case

Family law cases such as divorce and custody cases are not only emotionally draining but also time-consuming. Some lawsuits may take several months or even years for both parties to resolve.

However, issues relating to child custody, child support, spousal support, and division of properties such as the home must be decided quickly. For instance, if you need money for the kids right away, you obviously can’t wait for the final divorce decree. Therefore, you’ll need a temporary order in the interim.

Courts grant temporary orders to address urgent issues promptly while a case is still pending. Any party in a lawsuit can apply for an interim order during a divorce case or even before filing a divorce petition. Some of the best family lawyers Pukekohe can help you file a request for a temporary order.

Types of Issues Addressed in Temporary Orders

There are different kinds of temporary orders, which address various issues. Depending on the situation, a spouse can request an interim order to address one or more challenges. Some of the issues addressed in temporary orders include:

  • Child custody and visitation arrangement
  • Child support
  • Spousal support or alimony
  • An order preventing one or both spouse from selling valuable assets or marital property
  • Giving possession of the family home or car to one spouse
  • Restraining one spouse from contacting or going close to the other
  • Health insurance
  • Uninsured medical expenses

These temporary orders are usually valid until the court reaches a permanent decision or both parties settle by themselves through negotiation or mediation.

Importance of Temporary Orders

In some family cases, both parties may not be able to settle themselves or on time. In such situations, it’s best to seek a temporal solution, especially when children are involved.

With temporal orders, the kids can receive adequate financial care during the divorce process. The custodial parent can also get possession of the family home or car, ensuring that the children’s lives are uninterrupted as much as possible. Finally, a spouse entitled to support can get alimony, which might solve any finance-related challenges.

Requesting for a Temporary Order

Requesting for a temporary order requires filing a motion in court. You can file this petition with the help of family lawyers in Norristown PA. An attorney can help you fill out your paperwork correctly before submission. He/she can also ensure that you submit your petition within the required time.

The Temporary Order Hearing

Within a few days of submitting a petition for a temporary order, you’ll receive an invitation for a hearing. This hearing is usually shorter (not longer than 30 minutes) and less formal than the official divorce hearing. Also, it can take place either in a courtroom or the judge’s chamber.

During the hearing, the judge will entertain testimonies from you, your spouse, and other witnesses. There may also be an opportunity for you to submit written evidence. For instance, if you’re seeking temporary child support, you’ll need to produce copies of income and expense documents.

Before reaching a decision, the judge will refer to the state’s guidelines and the child’s best interest for child support and custody cases, respectively. After the judge has reviewed every piece of information, he/she will likely give an immediate ruling.

Conclusion

If you’re going through a family case, you don’t need to wait to receive a final decree before getting a resolution. Family lawyers in Norristown, PA, can help you seek a temporal solution in the interim.