What Issues Can Be Addressed by a Temporary Order Hearing?

Divorce is a form of civil litigation. This means that spouses may need to navigate highly complex legal procedures, even in cases where the divorce is amicable. Like other types of lawsuits, a divorce will include several legal documents and may involve multiple hearings.

If requested, the temporary order hearing occurs at the earliest stages of divorce proceedings. Before walking into the hearing, you should understand what to expect during the process and your position on certain issues. An experienced divorce lawyer may provide valuable support during this hearing, representing your interests and providing guidance.

What Is a Temporary Order in Divorce?

A temporary order in a divorce is a court order governing the couple’s actions during the time until the divorce is finalized. This order sets expectations for the couple and their family during this time. In other words, the purpose of a temporary order is to create a “norm” for the family, ensuring that bills are paid and children receive appropriate care.Temporary orders can be modified during the proceedings and only stay as initially ordered if no one asks for the changes.

The temporary order hearing is typically a couple’s first appearance in a divorce case. To request a temporary order hearing, your attorney will need to file an affidavit stating that you and your spouse were not able to reach an agreement on certain issues.

Depending on the court official, a temporary order hearing is often more informal than other hearings that may be held during the divorce. During this hearing, both sides’ attorneys will present financial declarations, facts, and arguments regarding the pertinent issues. The court commissioner will then issue orders on each of the issues presented during the hearing.

Issues Addressed by a Temporary Order Hearing

During a temporary order hearing, the spouses, their attorneys, and the family court commissioner will discuss and make decisions on several critical issues. It is important to note that the goal at this stage is to create stability.

Issues that are commonly addressed during this hearing include:

• Child Placement: Where a child will live is often a major issue that is addressed at the temporary order hearing. Determining placement and creating a schedule involves balancing parental rights and the interests of the child.

• Income Sharing: Relevant factors for deciding whether support is appropriate include each person’s income, placement of children, and family expenses.

• Use of Marital Property: The use of houses, vehicles, bank accounts, and other common property is often controversial. These issues may intertwine with issues like child placement and support payments.

• Bills, Debts, and Marital Expenses: It is crucial that bills, debts, and other marital expenses continue to be paid during the pendency of the divorce. Determining how these payments are made is a significant issue that is addressed during the hearing.

Before walking into the temporary order hearing, you and your lawyer will want to have conversations about the issues and the outcome you are seeking. Your attorney can also help set expectations prior to the hearing. Understanding the potential outcomes can reduce surprises and allow you to plan for different possibilities.

What to Expect After a Temporary Order Hearing

After a temporary order hearing, the parties are expected to comply with the terms of the order until the divorce is finalized, unless modified by the family court commissioner or judge. Failing to comply can result in sanctions or order modifications that negatively impacts the violating party in order to ensure compliance in the future, for the non-offending party’s sake.

Modifications of temporary orders are also possible if circumstances change. A spouse seeking a temporary order modification will need to make a motion, provide supporting documentation, and may need to attend a hearing on that motion, particularly if the other party opposes the change. Modifications are not usually too daunting if they’re made during the divorce, before the final order is entered. You attorney can help you walk through it.

Contact a Nowlan Divorce Lawyer for Assistance

At Nowlan, our Family Law team can support you through every phase of your divorce. We understand the importance of the temporary order hearing on our client’s daily lives, and we are ready to fight for your interests.

Securing a positive outcome for you and your family is our top priority. Contact us now for assistance with your divorce.