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Should I use a temporary order before my divorce?

If you've determined to go through with a divorce, there will be many decisions that lay ahead. But, you and your spouse need to make some decisions before others. And some of these decisions may be time sensitive as well. There are some circumstances that determine whether a temporary order will be useful in your situation for this purpose.

Temporary orders are usually employed if you and your spouse have items to which you immediately need to attend. Formal divorce proceedings can last for months or even years. Thus, it is sometimes imperative that the court issues a temporary order right away. Items that usually need prompt attention include:

  • Child custody/visitation.
  • Living situations for each spouse and children.
  • Vehicle ownership.
  • Support for your spouse and children.
  • Insurance and other expenses.
  • Possible restraining orders.
  • Forbidding both spouses from selling their possessions.

If your marriage doesn't have many moving parts, then you may be able to get away with the regular, formal proceedings. But, some of the above may apply to you. You also might not be able to come to an agreement with some of those items as well. In those cases, using a temporary order would be to your benefit. It is especially important for issues like child custody. Filing for custody will prevent kidnapping charges by your spouse in the future, for example. Furthermore, the proceedings are much quicker and more casual than the formal divorce proceedings. So, you can be assured that the court addresses your needs and desires in a short timeframe.

Even though temporary orders don't hold like the formal divorce proceedings, it is still recommended to seek the advice of an experienced divorce attorney. They can especially help when you and your spouse don't agree on things. An attorney may also be able to ensure that your divorce is as smooth and fair as possible.

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