If you are in a divorce, it is likely that you and your spouse do not see eye to eye on important issues. When soon-to-be ex-partners cannot reach agreements as to parenting, finances, or property during a divorce, the Court can issue Temporary Family Law Orders to preserve the peace. These orders are only in effect until you reach a different agreement or trial, but they are effective at creating a status quo while the parties work out a final resolution.
Most often during a divorce, we see Temporary Family Law Orders requested over the following areas:
- Parenting Plans – visitation schedules with the children
- Child Support – payment of monthly or out of pocket expenses for children
- Spousal Maintenance – payment of monthly funds to support a lesser earning spouse
- House Residency and Expenses – who lives in and pays for the family home
Many cases may find Temporary Family Law Orders unnecessary. If the parties are living in the home together with the children and can maintain their relationship pending resolution, they might not need Court assistance to reach temporary plans. Even if the parties live separately, a Motion for Temporary Family Law Orders may not be necessary if the parties – with or without counsel – can reach agreements for the status quo while they wait for all the relevant information.
These requests for judicial assistance can be hugely beneficial in other situations. If you and your spouse cannot agree on terms necessary to live and survive while the divorce is pending, a Motion for Temporary Family Law Orders may be filed quickly in the process to reduce conflict down the road. In addition, by getting a Court Order on certain topics up front, the parties gain information about how a Court may look at certain issues later. This information is useful for both parties to understand the weaknesses and strengths of their case to better evaluate for settlement.
Rules for filing Motions for Temporary Family Law Orders vary by county, so please work with your counsel to understand the best process to ensure your needs are met. Typically, however, one party (or sometimes both) will file a Motion while providing factual declarations to support their requests. These declarations are usually from the party but can also be from lay witnesses and expert witnesses. The parties will often also file financial declaration and provide the court with bank, income, and tax statements to better inform decisions about money. The responding party then files rebuttal documents including similar submissions regarding facts and finances. Usually, the filing party then gets one final reply to county the strict arguments raised in response.
Once all these documents are filed and served, the Court will often hear oral argument from the parties (or their counsel if represented) before rendering a decision. If you find yourself at the outset of a complicated family law matter, a Motion for Temporary Family Law Orders may be a great option to improve your odds of winning. The legal team at the law offices of Magnuson Lowell, PS, are ready to help you succeed in Court. Call today for a free case evaluation.