Many lawsuits take a long time to get to court, but if you are in the midst of a divorce and need an expedited decision on who gets the money in the bank account, the car, or custody of the children, you may require a temporary court order. When a couple separates, such orders are often resolved via a quick hearing in front of a judge. These hearings are less formal than regular court hearings, but due to their abbreviated length, you need to know exactly what you require.
What are Temporary Orders Used For?
If a couple is divorcing and one parent needs financial help to provide for their children, a temporary order can be used. These orders can be requested before divorce papers are filed, and hearings can be scheduled within days. A spouse can ask the court to temporarily:
- Bar the other spouse from contacting you or coming nearby
- Establish visitation and child custody
- Set up child support and/or spousal support (alimony)
- Keep the other spouse from selling assets
- Give the family car or home to one spouse or the other
A temporary order is valid until the next court hearing, or until spouses agree through mediation or negotiation.
When a Temporary Order is Appropriate
When a spouse moves out of the marital home, there are two choices: the couple can agree on how to share custody, support and expenses, or they can go to court and ask a judge for help. If you and your spouse can agree on these issues, you and your Child custody lawyer Jacksonville can draft a temporary agreement and move on to other matters. If you can’t come to an agreement, you should go to court as soon as possible. If you’re retaining custody of your children, you should file for support and primary custody right away.
Hearing Length
Most temporary order hearings take under 20 minutes. At the end, the judge will make a ruling, either issuing the order you need, or making changes. Orders stay in effect until the divorce is settled through trial or mutual agreement. However, if more information is required, or if the other spouse was given insufficient notice, a judge may issue an order that stands only until the next hearing date.
