After the Divorce Petition has been filed, the parties try to resolve their property division and child custody issues, prior to trial, through mediation and settlement talks. If the parties are unable to resolve these issues on their own, they can ask the court to enter Temporary Orders. Temporary Orders are primarily concerned with issues of child custody, child support, spousal support, and sometimes temporary use and control of marital property. A Temporary Order controls the activities of the parties, as it relates to the children and the marital estate, until such time as a final order (Decree of Divorce) is entered by the Court.
Obtaining A Temporary Order.
If you are represented by qualified counsel, such as those at Mountain View Law Group, your attorney will file a Motion for Temporary Orders. In this motion, your attorney will set forth the facts that support your arguments and will request that the court award you the custody, support, visitation rights, spousal support and property rights to which you believe you are entitled.
Your spouse, or you if the Motion was filed by your spouse, will then have the opportunity to respond to the Motion. In the response, the responding party will argue why the Motion is incorrect and explain to the court why the court should side with the non-moving party’s arguments. The responding party may file their own Motion and the other party will have an opportunity to respond.
Once each party has had an opportunity to file Motions and appropriate responses, the Court will hold a hearing. At the hearing, the attorneys will be given the opportunity to present arguments on behalf of their respective clients. After all arguments have been presented, the Judge will review all of the facts and will make a decision which it believes is fair to the parties and in the best interests of the children. That decision will subsequently be drafted into a written document which is entitled “Temporary Order”.
We Aggressively Pursue Temporary Orders.
At Mountain View Law Group, we understand the importance of a positive outcome at the Temporary Order phase of a Divorce action. For this reason, we aggressively pursue Temporary Orders, seeking the appropriate support, custody and property issues for our clients, as they apply to each individual case. To better understand your rights and the divorce process, schedule an appointment with us by calling (801)393-5555.