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Temporary Orders in a Family Law Case

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Typically, a family law case can take months to move through the courts. But what about a divorce? If you and your spouse have decided to go your separate ways, what is supposed to happen to the kids?

Who pays the hefty mortgage payment, and what happens to the money in your bank account? What if one spouse has been a stay-at-home parent, what do they do now? For obvious reasons, a divorcing couple cannot ignore these issues, which is why the family court issues temporary orders.

When a couple files for divorce, they have important issues, such as child custody and spousal support that must be addressed sooner than later. These are temporarily addressed in a quick, less formal hearing before a judge.

Why Judges Make Temporary Orders

Let’s say a husband is arrested for domestic violence and now his wife wants a divorce. The judge orders him to move out and stay away from the family home. His wife needs money to pay the rent, feed and shelter the couple’s three small children.

Since the wife has been out of the workforce since she married her husband 10 years earlier, getting on her feet and supporting the couple’s three kids would take some time. Recognizing her dire need for support, the court orders her estranged husband to pay child support and spousal support.

The wife can even go to court and request a temporary order for custody and support, even though she has not yet filed a formal divorce action. Her request would be considered urgent and she would be put on the fast track for a hearing.

A spouse can ask for a temporary court order to:

  • Prohibit an abusive spouse from contacting them
  • Force an abusive spouse to move out of the family home
  • Establish a temporary child custody arrangement
  • Order child support and spousal support
  • Prohibit the other spouse from selling valuable assets
  • Give possession of the family’s automobile and home to one spouse

Generally, when a judge makes a temporary order, that order is valid until the spouses attend another hearing or until they reach their own divorce settlement through negotiation or divorce mediation.

If you are interested in obtaining temporary orders, contact our Los Angeles divorce firm to discuss your goals during a free case evaluation!

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