Temporary Orders You Can File in Divorce Cases
When you file for divorce in California, things don't necessarily move as quickly as you would like them to. If you and your husband have a lot of negative emotions flying around, it can take an even longer time to get a divorce case settled.
With all of the time between the initial filing and the final divorce judgment, certain important decisions may be left unanswered:
- Who will take care of the kids?
- Who is going to pay the mortgage every month?
- Who gets to drive the family car?
Temporary court orders were created to address these issues. They also serve as a way to keep a household running while the actual details of the divorce are being hashed out in court.
Temporary Orders Related to Child Custody and Support
If you have children, you urgently need to make sure their needs are taken care of so their lives are disrupted as little as possible. A temporary court order can set rules for child custody (Link to Child Custody PRACTICE AREA page), child support (link to Child Support PRACTICE AREA page), and visitation schedules. You can also request a guardian ad litem, a neutral person who makes recommendations to the court based on the best interest of the child.
Temporary Orders Related to Spousal Support
If one spouse makes a lot more than another spouse, an order for spousal support (link to Spousal Support PRACTICE AREA page) may be necessary. The court just wants to make sure that both can live comfortably while the divorce proceedings are going on. The order may state that one spouse has to pay the other a certain amount of cash, or each spouse may be ordered to pay certain bills.
Temporary Orders Related to Shared Property and Assets
You may be getting divorced, but the bills still need to be paid every month and you need somewhere to live. Temporary orders can determine who will live in the marital house, who will be in charge of paying monthly bills, how items in the house will be split, and how any household vehicles will be shared or split.
If you and your spouse are having trouble agreeing on temporary situations while your divorce is going on, you may need to file temporary orders. Contact the Law Offices of Paul H. Nathan in San Francisco for a consultation at 415-341-1144.