Can some decisions be made before the divorce is final?

By |2022-04-04T18:00:25+00:0013 Apr 2018|Categories: News|


Long before filing for divorce, many married couples here in California begin the process of separating their lives. One of you moves out of the marital home, takes one of the vehicles and sets up times to see the children. This may work in the short term, but eventually you may need to make more formal arrangements in order to avoid any conflicts.

Even though you realize this need, you know it will take some time before your divorce issues are finally settled. Fortunately, you can ask the court to issue temporary orders to provide you and your future former spouse some structure until you finalize your divorce.

What can you address in temporary orders?

When you go before the court, you may ask the court to enter temporary orders regarding the following issues:

  • Child support
  • Child custody
  • Parenting time
  • Spousal support
  • Disposition of the marital home
  • Possession of a vehicle
  • Uninsured medical expenses
  • Health insurance

The court may also restrict either party from selling or otherwise disposing of marital property. If necessary, the court can also issue a protective order to keep one spouse from coming near or contacting the other.

What is the impact of temporary orders?

Even though these orders are only intended to be temporary, they often provide a guideline for the final settlement. Therefore, you need to take the time to consider what you want your divorce agreement to look like. If the two of you have significant disagreements regarding the outcome of the divorce or even about who gets to see the children on a particular day, the need for temporary orders becomes more urgent in order to ensure that your rights remain protected.

Even if the two of you agree on the above issues, it may be worthwhile to have the court issue temporary orders. This protects both of you in the event that negotiations take a turn for the worse. At least you have some preliminary agreements in place for the court to consider or to help you get back on track if you intend to continue using an alternative method of resolving your issues other than going through the courts.

If you believe that having temporary orders in place will help your situation, talk to an experienced divorce attorney about your rights and how the process works. In addition, going before a judge can be an intimidating experience, especially if it is your first time. Having someone by your side to calm your nerves and help you through the process could prove invaluable.

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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