A contested divorce can take months until it is finally resolved and the former spouses are free to start a new life. Until then, their personal and financial affairs are still entwined and it may be difficult to reach an amicable understanding about everyday issues. In this situation, your Tomball divorce lawyer may petition the court to issue a temporary order.
Let us discuss how this procedure works and what aspects of the spouses’ life it governs.
Definition of the Temporary Order in Divorce
The temporary order is a decree issued by the divorce judge assigned to your case. It is an injunction meant to preserve property until division and protect the parties involved in a contested divorce.The main aspects regulated by this order are:
- Who continues to live in the marital home and who will vacate it
- Who is responsible to pay bills, insurance premiums and other financial obligations
- A temporary custody and visitation arrangement for the children
- Whether one party has to pay temporary spousal support to the other party and how much
These arrangements are often necessary because the spouses are not able to reach an amicable understanding for the remainder of the period until the divorce is finalized.
The Temporary Order Can Prohibit Asset Dissipation
Among other stipulations, a temporary order can also prevent each of the spouses from making unreasonable expenses. The court will determine a reasonable amount for each party’s living expenses and each of them must comply with this decision.
This is a very useful way of preventing one spouse from hiding assets in the form of expensive gifts to family members and friends.
How Long Does the Temporary Order Remain in Force?
The temporary order will be valid and enforceable until the divorce decree is pronounced. At this point, all the important affairs were resolved by the court and the parties’ attorneys:
- Division of marital property
- Child custody
- Child support
- Spousal support
From that point onwards, the divorce decree will be the controlling document that courts will refer to in case of future disputes.
How to Obtain a Temporary Order
Your lawyer will petition the divorce court to issue a temporary order. To this end, the court will schedule a special hearing, where both spouses will present evidence for and against the order.
If you hire an experienced Tomball divorce lawyer, you can be certain that your demands will be presented in a compelling manner, convincing the court of the necessity of the order.
What Happens If Your Spouse Violates the Terms of the Order?
If you suspect that your spouse does not comply with the terms of the temporary order, you must collect evidence supporting your claim. Your attorney will present the evidence to the court.
If the court finds that your spouse is violating the temporary order, it can order various penalties, such as:
- Fine
- Jail time
- Paying your attorney fees
At the same time, the court will order the violating party to comply with the terms of the order.
Spouses Can Also Reach a Temporary Order Amicably
Although temporary orders are usually issued by the court, it is possible for the spouses to reach a mutually acceptable agreement. A skilled attorney will negotiate with your spouse’s legal representative to reach common ground and present the court with an agreement.
If its terms are fair and reasonable for both parties, the court will acknowledge the parties’ will and accept the temporary order.
Let a Skilled Tomball Divorce Lawyer Help You Obtain a Temporary Order!
Getting a temporary order is the best way of protecting marital assets from dissipation and reaching an agreement on payments of various bills until your divorce is final. An experienced Tomball divorce lawyer at Bolton Law will help you establish a fair agreement and get the court to approve it.
Reach out to us and schedule an initial appointment as early as possible in your divorce process: 281-519-2287!
