From lawsuit filing to the first court trial, the journey takes several months and even years (if you are very unlucky)!
If you are seeking a divorce and badly need a quick verdict on custody of your kids, division of assets (house, car, money in the bank) for now, or if you need financial support immediately, awaiting a long time makes no sense. Temporary Order – it’s what you need.
An Insight into Temporary Order
Let’s imagine a scenario where a husband walks out of the marriage, leaves the house, and the wife, who is left, badly needs money to support her children. The lady is desperately looking for financial help as her children will starve to death long before a full court trial starts. She can approach the court with a temporary order request from a judge.
In case, the request is made properly, a hearing is most likely to be scheduled in a few days or weeks and a judge will give his or her decision at the hearing or immediately after.
Spouses are entitled to request a court to temporarily:
- Provide alimony and/or payments for child support,
- Claim child custody and visiting schedules
- Prevent either spouse from selling valuable assets
- Provide possession of the family house or vehicle to one of the spouses
Temporary orders remain valid until another hearing is held in court or the spouses reach a settlement via mediation or negotiation.
When Should You Request for a Temporary Order?
If your spouse leaves the house, either you can reach an agreement about child custody and support as well as how to share expenses or you can move to the court and request a judge for a decision. If both you and your spouse converge to a temporary agreement, you can give a joint statement in writing and try to resolve other divorce-related issues.
If any of you fails to agree, either you or your spouse can move to the court to receive quick solutions for any critical issues (for example, spousal support). If you have decided to keep your children with you, immediately file for child custody and support.
How Can You Ask for a Temporary Order?
You need to ready and file the necessary paperwork to receive a court order. You can get a form from the court or download it online at free of cost and then, have to fill it up. You can also get help from self-help law centers – these exist within the premise of some courts –and they help those representing themselves with form fill-up and instructions in family law cases. Sometimes, a Mankato family law attorney’s staff stretches a helping hand to those in need.
Followings are What You Might Need
- A request for the court order
- A supporting declaration
- A proposed temporary order that will grant you requested relief
- A proof of service
What Can You Expect at the Hearing?
Followings are the possible outcomes of a court hearing:
- The judge will review the details of your request and underlying facts
- The judge might ask you some relevant questions
- The judge will ask your spouse – if he or she is present – to explain his or her side
The judge, in child support cases, may refer to the state guidelines on suggested support after reviewing multiple factors including each spouse’s income, financial stability, and who is the primary custodian of the kids.