Understanding Temporary Family Court Orders

Ordinary lawsuits take months, sometimes years, to make it to court. But if you're divorcing and require a fast decision from a judge about who gets the children, the automobile, the funds in the bank accounts, or the home, or if you need cash for support right away, you can't wait long.

Fortunately, you don't need to. When couples split, essential issues are usually determined in a brief hearing before a judge instead of demanding a full-scale trial. In most circumstances, these hearings are typically held in a special court called a family court.

Even though these brief hearings are less formal than traditional court hearings, their briefness means that you must be organized and know precisely what you desire. Our international divorce attorney in Orlando reminds you that you may have only a few moments to request it.

What Temporary Orders Cover

Let's say a husband moves out, and the wife left behind requires money to feed and shelter the kids. Discovering that her children would starve far before a complete trial could be held, she is frantic for help. She can approach the court to request a temporary order from a magistrate, even though a traditional divorce action has not yet been filed. They will put her request on a fast track, and a hearing will be organized within days or weeks.

Spouses can also request a court to temporarily:

• Deprive a spouse of coming close to or contacting the other (or, if they haven't already done so, to vacate the family dwelling)
• Specify child custody and visitation arrangements
• Supply spousal support (alimony) and child support payments
• Order either mate not to sell valuable assets
• Give possession of the family residence or automobile to one of the partners.

These temporary orders are typically valid until the court has another hearing or until the partners arrive at their settlement through negotiation or mediation.

When to Request a Temporary Order

When somebody moves out of the home, one of you should go to court immediately to quickly resolve critical matters, such as spousal support. And, if the kids will be remaining with you, you should instantly file for custody and child support.

This achieves two things. First, you will be granted the proper amount of child support, and the court will recognize that you live with the children -- usually granting physical custody right off the bat. Second, your mate cannot successfully argue that you kidnapped the kids. This may seem extreme and unlike your future ex-spouse, but some individuals behave uncharacteristically when under pressure and feeling threatened. And, if your future ex-spouse introduces such a claim, the police or magistrate are usually bound to hear them out. However, the court will most likely disregard a kidnapping claim when you come with evidence that you filed for custody and child support.

How to Request a Temporary Order

To obtain a court order, you must prepare and file some paperwork. Fill-in-the-blank documents may be available free from the bench or online. In a few states -- sadly, not many -- court personnel may be available to assist with the paperwork. Some courts also have self-help law headquarters for family law matters, with forms and instructions for individuals representing themselves.

We hope this helps you better understand temporary family law orders. Contact us today if you need assistance from a traditional or international divorce attorney in Orlando. We are here to help!