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Temporary orders provide stability while divorce is pending

by | Apr 12, 2023 | Divorce

 

You have been served with divorce papers, or maybe you were the one who filed first, but now what? You need some plans in place to help you and your spouse move through the divorce process with a sense of stability. Temporary orders can be one way to achieve this.

Temporary orders on child custody

Courts can issue temporary orders on child custody. In California, parents might share physical custody of their child. The child might live with each parent an equal amount of time. Or, the child might live primarily with one parent, and the other parent has the right to visitation periods with the child.

Temporary orders can clarify which parent the child will live with and when while the divorce is pending. If these temporary arrangements are working out, they could be incorporated into the final divorce decree. If not, they can be changed before the divorce is finalized.

Temporary orders on the family home

Many spouses want to be the one to stay in the family home while their divorce is pending, and likely afterward. Courts can issue a temporary order stating which spouse has the right to live in the family home until the divorce is finalized. The order can also state that neither spouse can sell the family home while the divorce is pending.

The temporary order lasts only until the divorce is finalized. Ultimately, the court may award either spouse the family home, even if one of them moved out while the divorce was pending.

Temporary orders on child support

Both parents are legally required to financially support their child. The parent with primary custody does this by having the child live with them and by meeting the child’s basic needs, along with the extras that come with a well-rounded childhood.

The other parent contributes to these costs by paying child support. Once a divorce is filed, a temporary child support order will be issued, to ensure both parents are meeting the child’s financial needs. This order is based on a statutory formula, although the final order might deviate from this formula if doing so is in the child’s best interests.

Temporary orders benefit all

Temporary orders can serve as a trial run, to determine what plans work and what plans do not. Mostly, they can help both spouses and children achieve a sense of stability while the divorce is pending. This way the final divorce decree is feasible and fair.