A temporary order typically addresses the property and utilization of that property with the marriage. If there are children within the marriage, these order also may create short-term arrangements for the possession and access of the children, child support and medical support until final orders of the court. If you are a parent that needs help obtaining a temporary order, contact Angela Faye Brown & Associates for help with your divorce. Our Missouri City temporary order lawyers could guide you through this process and protect the best interests of your children.
Temporary orders are very common in divorce cases because most couples need time to address everything that is involved within their divorce proceeding. These orders help parents move forward on a temporary basis until all the information is obtained and a final trial may begin. Temporary orders typically stay in place until a final order is issued by the court.
A temporary order usually does not address all of the property a couple may have or the long-term needs of their children. Therefore, it is unlikely for it to become a permanent order. Additionally, temporary orders cannot dissolve a marriage, so a final order will be necessary to divorce.
During these hearings, evidence is usually presented by both parties, and the judge will make a ruling on how the parties will proceed on the temporary basis. A motion for a temporary order and financial statements from each party detailing their financial status is generally required to start this process. This allows the court to make informed decisions regarding separation or use of property, as well as possession and access, child support and medical support for the children. While many of these hearings may be virtual, they can be done in person. These hearings typically take under three hours because most courts only this amount of time for temporary order issues. It is typically in a parent’s best interest for a Missouri City attorney to be present with them at a temporary orders hearing.
With help from a Missouri City lawyer, a parent may request a temporary order by filing a motion it. This typically involves filing a notice of hearing and requesting a date when the court is available. How someone makes this request depends on the particular court. Some courts have online filing systems and others require a person to contact them directly via email or phone.
An order to show cause is similar to a notice of hearing. This is where the court orders both parties to provide documents and explanations about any allegations made by the other party. A supporting declaration is a statement made by a party detailing what has occurred for the party to request these particular requests within the petition or the motion.
With regards to child support, most courts stick to the Guidelines of Child Support that have been established based on state legislation. These take into account a parent’s income and what percentage of their income they would be responsible for paying based on the amount of children that they will be financially supporting.
With regards to temporary custody arrangements, the common decision that is made is a standard possession order, with or without elective. Additionally, many courts presume that joint managing conservatorship is in the best interests of the children for this temporary basis.
The way that finances can be addressed during temporary order hearings is a determination of what parties will be responsible for paying, who is responsible for the debts within the marriage. Temporary order hearings may also determine a party’s ability to spousal support, child support, and medical needs of their child.
A Missouri City temporary orders lawyer could help someone through this process and guidance on how to prepare your case. It is important to find an attorney experienced in these cases especially if the lives of your children will be affected. Our legal representatives are here to help you through this complicated process and protect your family. Get in touch today.