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.