What Are Temporary Orders in a Divorce Case?

What Are Temporary Orders in a Divorce Case?

A divorce will usually involve a complicated series of negotiations over custody of children, division of shared property, alimony, and other matters. It is common for many of these discussions to take considerable time.

There are times when divorcing spouses cannot afford to wait. People in such situations may be able to get relief through temporary orders.

Temporary divorce orders – also known as pendente lite orders – allow for some decisions to be made even while a divorce is still pending. Temporary orders can be particularly useful for spouses who cannot negotiate their own agreement on a disputed issue.  Many counties, including Madison County, Alabama, Morgan County, Alabama, Lawrence County, Alabama, and Limestone County, Alabama have standing pendente lite (temporary) orders that are entered in every divorce case when the case is filed.

However, there are times when the terms of those standing orders are not appropriate due to issues like alcoholism, drug use, domestic violence, and the age of a child, among other concerns.  In those types of cases, the parties can request a hearing. The judge will determine whether or not to grant the request.

What Are Temporary Orders in a Huntsville Divorce?

A spouse is allowed to file a motion for a temporary order regarding many different aspects of a divorce. Hearings on temporary orders are usually scheduled relatively quickly, and the actual hearings are also typically much shorter than most other divorce hearings.

A temporary order could be used for such issues as:

  • Sale or possession of a home
  • Sale or possession of a motor vehicle
  • Sale or possession of marital assets
  • Child support
  • Spousal support
  • Child custody and visitation
  • Health insurance
  • Medical expenses
  • Restraining order

Temporary orders remain valid until a new order is issued or the spouses arrive at some other agreement through mediation or other negotiation.

Steps to Take for Temporary Orders in Huntsville

You will have to file a motion for a temporary order and specify what you want the order to include. You could be required to complete additional paperwork, depending on the subject of your request.

The spouses may be asked to try to resolve the matter independently before a judge will hear the case. An actual hearing usually lasts less than an hour and allows both spouses to present their arguments with a judge ultimately rendering a decision to either grant or deny the temporary order.

When to Contact a Lawyer for your Temporary Orders

Temporary orders are only limited-time solutions to complex problems. When you want real answers to all of the difficulties you are dealing with in your divorce, you are going to want to have an attorney on your side right away.

An experienced divorce lawyer will be able to help you file motions for temporary orders when necessary and give you the best chance of success. An attorney will know what kinds of evidence to present to the court so you can end up with a favorable outcome to your hearing.

How Can New Beginnings Family Law Help Me?

If you are going through a divorce in the greater Huntsville area and seeking a temporary order for a pressing issue relating to your divorce, do not wait another day to get legal help. New Beginnings Family Law is ready and able to provide the full-fledged support that you need.

Our firm provides a compassionate team of experienced lawyers who will be dedicated to helping guide you through the often challenging process of divorce. You can have us discuss your rights with you as soon as you call us or contact us online.

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