A Look at Temporary Orders During Divorce Proceedings
Whether you are planning a divorce or starting the process, there are many different steps to consider. As any experienced lawyer will tell you, it can take some time to finalize a divorce. Yet, what do you do in the meantime if you have certain conflicts with your ex-spouse? The answer is to request a temporary order from the court. These orders can address pending issues prior to the end of the divorce proceedings. Learn how you can use these orders to handle your family or financial issues early on.
A Further Explanation of Temporary Orders
In essence, a temporary order provides immediate relief for important issues affecting the divorce. In most cases, these orders will address child custody, possession of property, spousal support and health insurance coverage. In reality, a temporary order can be issued for any matter that needs an immediate resolution. However, these orders may be changed by the time that the divorce officially ends. As such, the orders are intended to act as a band-aid while the issues go through further litigation. Temporary orders are actually fairly common in the family law court system.
Why You Might Need a Temporary Order
As mentioned, you should look into temporary orders whenever you think a conflict needs immediate attention. It is not uncommon for the divorce process to last several months or even years. Clearly, a divorcing couple needs some sort of solid plan during this lengthy time period. The temporary order provides a legally binding framework for the parties to carry on with the divorce in a reasonable manner.
How These Orders Are Implemented
In the typical family court, a temporary order is initiated through the filing of a petition. In Utah, you or your custody lawyer can file a Motion for a Temporary Order at the time the divorce petition is filed. You also have the option of submitting the petition any time after the divorce petition has been entered. In addition, it is possible to submit this motion when going through a modification of child support or custody.
Utah also places some additional requirements on parties seeking a temporary order. The motion will not be considered by the court until you complete certain divorce education classes. The only exception to this rule is when you are requesting a temporary restraining order pursuant to Rule 65A of the Civil Code. For further explanation, it is a good idea to speak with an experienced attorney.
Final Words of Advice
It's normal to feel some apprehension about requesting this type of assistance from the judge. Going through the process can also be fairly time consuming. It is important to know that you can always rely on the expertise of a family law attorney. By doing so, you'll be able to focus on other problems associated with the divorce. Thus, it is important to reach out to a family law or custody attorney as soon as you begin the separation process.
If you need assistance with a divorce in Utah, contact our team at TR Spencer Law Office today.