By Ullian Associates of The Law Firm of Ullian & Associates, P.C. on August 27, 2019
Temporary Orders are a critical aspect to many contested divorces since it is often the parties first orientation with the Probate and Family Court. Temporary Orders can be requested through a motion brought by either spouse to address various aspects of the case that cannot wait until a trial or a final resolution. Issues such as custody support, visitation, alimony, health insurance, restraints from accessing certain bank accounts and assets, are common areas addressed at hearings for Temporary Orders. They are not final Orders, so do not be mistaken in believing a judge will reach the same outcome at trial at the hearing on the Motion for Temporary Orders. If a Temporary Order provides one spouse will pay $300.00 per week in child support, this will not necessarily be the final outcome on support. Unless a Stipulation is reached on the issues in dispute, a judge will make a ruling at the hearing for Temporary Orders based on the limited information he or she has received, including Financial Statements the parties have completed, documents submitted, and oral arguments by the attorneys. Temporary Orders can be modified or changed under the appropriate circumstances. The Temporary Orders are only in effect until a further Order modifying it, a final Divorce Agreement is approved, or a final judgment is issued by the judge.
You must review with your attorney the issues that will be addressed at a hearing on your Motion for Temporary Orders. The just typically will not deal with certain areas at the hearing, such as whether the marital home will be sold or how the assets will be divided, as those matters are not pressing and can be addressed at a later time in the case. Temporary Orders are designed to establish a new status quo for the parties while the divorce proceeds.