Utah’s Temporary Orders Process

Todd Peterson — Tue, 05 Nov 2013 15:39:49 +0000

Temporary Orders are exactly what they sound like, orders from the court that are temporary. They show up in divorce cases because highly contested divorces can take a very long time to resolve and so it’s important that there are rules for the parties to follow during the divorce. Temporary Orders end when another order from the court is entered, such as the divorce decree. In some situations temp orders may only last a month or two because the parties get into mediation and resolve the case. Other times temp orders last for years while the parties continue to fight over every issue of the case. Due to the uncertainty in relation to how long the divorce could last it is important to fight for good temp orders that you can live with for a long time even if you think your case is going to be over soon.

Motion and Hearing for Temporary Orders

Temporary orders are conducted through motion practice before a commissioner and what this means is that one party must motion the court for temporary orders and then a hearing must be held to decide that motion. If there are financial issues at stake such as child support or child custody then a copy of the parties financial declaration must also be submitted to the court. The usual procedure is that one party will file a motion and a supporting declaration with the court asking for the things they want to be enforced during the divorce, such as child support, child custody, alimony, and temporary property distribution. The opposing party also has the opportunity to respond to that motion as well as file their own requests for temporary orders. Then at the hearing the parties have the opportunity to argue for those things they asked for and then await the commissioners decision. In a lot of situations the parties can reach an agreement before the hearing and simply enter their agreement on the record with the commissioner.

Ogden Divorce Attorney | Family Law Representation in Northern Utah

Ogden Divorce works in all areas of Northern Utah and we can help you in your divorce case no matter the circumstances. Temporary orders can be extremely important in some cases and unnecessary in others so contact us today and we can help you figure out what is best in your case. We offer free consultations so don’t hesitate to call.

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Temporary Relief in Your Divorce

Todd Peterson — Fri, 08 Mar 2013 18:06:22 +0000

From popular media and movies a lot of people think a divorce is as simple as handing your ex some papers and getting them to sign them, and then you’re done. However, the reality is that most divorce cases aren’t that simply and definitely aren’t that simple. For starters the state requires by law that a couple wait at least 90 days from the filing of their divorce until they can be granted a final decree by the judge. If the couple is fighting over any of the issues in the divorce however it will take much longer than 90 days and may easily extend to a process that takes over a year. The most common disputes that couples have in a divorce are over child custody, alimony, and property division.

Temporary Orders in Ogden Divorce Cases

Due to how long a divorce can be draw out there is often a need for some rules for during the divorce. A lot of divorcing couples are already not getting along and they are trying to work things out now that they are separated and fighting. So issues of child custody, child support, and who will live where can become very serious issues if they are left unresolved for a year or however long it takes for the divorce to be resolved. The rules for the pendency of a divorce are called temporary orders and you can ask the court to make preliminary decisions about many aspects of the divorce to govern the time between the issuance of the order and the entry of the divorce decree.

Northern Utah Divorce Attorney | Temporary Orders

If you are filing for divorce in Northern Utah then call Ogden Divorce Law today, we can help you with your divorce paperwork and help you ask the court for temporary orders to help you deal with the big issues you are facing right now. Our attorneys know how to argue for protective orders, temporary child support, temporary child custody, and much more. Call or email us today to find out more.