Divorce Delays? Secure Temporary Orders (PART ONE)

This Divorce case may take awhile; can we get a temporary order in place in the meantime?

In a contested proceeding, there are numerous reasons (good and bad) why a case may take awhile to get resolved. In the meantime, life continues to happen and certain things may unfold during the pendency of the case. This next set of blog posts means to highlight some of the temporary orders available to the parties.

First, in a proceeding for dissolution of marriage or legal separation, either party may move for temporary maintenance and for temporary support for each child entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.  In a proceeding for disposition of property, maintenance or support following the dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, either party may move for maintenance and for support of each child entitled to support. This motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested. This motion and the affidavit shall be served as though an original pleading upon the opposite party.

As you can see, this section of state law can be a little tricky to navigate through on your own. For example, the third sentence of the paragraph above does not seem to fit in place in comparison with the sentences surrounding it.

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Robert Cornejo

This is just one example why it is important to contact experienced legal counsel such as Robert Cornejo who is a former family law judge to help you navigate these issues and protect your rights. Contact us today for more information!