Divorce Delays? Secure Temporary Orders (PART TWO)

This divorce case might take some time; can we secure a temporary order for now?

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 set of blog posts means to highlight some of the temporary orders available to the parties. You can find the first blog post of this series here.

As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit (as described in the first blog post of the series found here), either party may request the court to issue an order after notice and hearing:

  (1)  Restraining any person from transferring, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life and, if so restrained, requiring the person to notify the moving party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the order is issued;

  (2)  Enjoining a party from harassing, abusing, molesting or disturbing the peace of the other party or of any child;

  (3)  Excluding a party from the family home or from the home of the other party upon a showing that physical or emotional harm would otherwise result;

  (4)  Establishing and ordering compliance with a custody order and providing for the support of each child.

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Robert Cornejo

As you can see, there are multiple factors to take into consideration when attempting to obtain a temporary order. This is 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!