The issuance of temporary orders is usually the first important thing to happen in a divorce.
The first job you and your divorce attorney will undertake is to assess the level of cooperation between you and your ex-spouse and determine if you will be able to cooperate on issues such as parenting issues, child support and payment of rent or mortgage — as well as deciding which of the parties will pay other debts and obligations.
Winning The Temporary Order Litigation
It is common for the temporary order litigation to be as significant (if not more significant) than the final divorce disposition.
The typical divorce can last for many months after the filing of a divorce complaint. It is important that the parties be able to plan how they will live and what money will be available to them during the pendency of a divorce. Good divorce counsel can be of great assistance by positioning you for the duration of the divorce proceedings. Ideally, you will be able to reach an agreement whereby the bills will be paid and neither party will suffer a diminishment in lifestyle as a result of the filing. If, however, you and your ex-spouse cannot agree (or if money is too tight to reach a practical resolution) the parties will seek Temporary Orders from the court. The court will step in and issue some temporary orders that will remain in place up until the final divorce trial.
Temporary Orders Can Serve as a Precedent.
The issuance of temporary orders is usually the first important thing to happen in a divorce. It also follows close in time to the filing and the parties are at their most emotional. Temporary orders may also serve as a precedent for how both parties and the court will view negotiations and the final decision of the court. Temporary orders set the stage.
In some jurisdictions, temporary orders are issued based on the filing of affidavits of the parties. Other courts will require the parties to provide testimony or allow their attorneys to present argument without a full hearing. Some courts will have separate hearings on issues involving temporary support and custody/parenting issues. Many more cases go to full hearing on temporary order issues than go to full divorce hearings. Needless to say, your attorney should advise you about the court’s proclivities and how they will strategize to get you to a comfortable point from which to make future decisions. Communication, communication, communication.
Temporary Restraining Order – A TRO Explained
A temporary restraining order is a short-term, pre-trial, temporary injunction ordered by the court at the beginning of a divorce action.
The order is issued to protect both parties from immediate irreparable harm that they may suffer if the order is not issued.
The order protects a party from the other emptying a marital bank account, or selling or destroying marital property.
Some counties in the Miami Valley automatically issue such an order at the filing of the divorce complaint. Check with a qualified divorce attorney to determine whether the county in which you are filing is one of those counties or if you will need to file a motion for the order.
If you are considering filing for divorce, and believe you may need a temporary restraining order because of your concerns about your spouse disposing of property, contact a qualified divorce attorney. Contact the Ohio Divorce Attorney, Jamie L. Anderson, for a free consultation today at (937) 879-9542.