While your final divorce order will rule upon issues such as child custody, child support, alimony and property division — there is often a need for immediate legal decisions to be made while the divorce is in process. This is where temporary orders can help.
Temporary orders are just that — temporary. Once the divorce is finalized, the temporary order is no longer in effect. Additionally, a temporary order does not necessarily dictate the outcome of a final order. Just because one parent receives primary temporary custody does not mean he or she will receive the same once the divorce is finalized. So while temporary orders are important, it is also imperative to work with an attorney who can help resolve long-term issues as well.
Temporary Orders While Your Divorce Is In Process
- Temporary child custody: When a couple decides to end their marriage, immediate decisions will have to be made regarding temporary child custody. In many cases, a couple can mutually agree upon these temporary terms. However, in the event a temporary custody agreement is contested, a court may need to intervene.
- Temporary child support: While state guidelines dictate what is fair child support after a divorce is finalized, the custodial parent also has a right to child support while the divorce is in process. The noncustodial parent also has a right to pay fair but not excessive support for his or her children. Our law firm can help you understand your rights regarding temporary child support.
- Temporary spousal support: There are many individuals who make significantly less money than their spouses, or who have decided to stop working in order to care for the children and the family. However, when these individuals face divorce, they are often left in a position of financial despair. While a final divorce order will determine what is financially fair after the marriage had ended, these spouses require the financial resources to live while the divorce is in process. A judge can make an order for temporary alimony to address this issue.
- Temporary order on use of marital homestead: In many cases, when a couple decides to end their marriage, they can agree upon who lives in the marital home while the divorce is in process. However, when there are disagreements regarding who stays and who goes, a judge can make a temporary ruling.
- Temporary order on use of joint financial accounts: During a divorce, it can be tempting to withdraw money from joint financial accounts in order to protect yourself. However, both parties have a fiduciary duty to protect marital assets during the divorce process. This mean no luxury purchases with joint money, no draining your savings account and no cashing in on 401(k)s. In the event one or both spouses fear for the safety of marital assets, a judge can issue a temporary order prohibiting such actions.
Addressing Your Immediate And Long-Term Needs During Divorce
At Paula Lock Smyth Law Offices, our Texas lawyer offers comprehensive legal representation throughout the divorce process. This means addressing immediate legal needs as well as long term needs. Contact our Dallas family law temporary orders attorney today. We can help you secure temporary orders, as well as position you for success at the end of your divorce.