What Are Temporary Orders in a Divorce Case?

Breaking up is tough, and if you and your ex are not on the best terms, navigating the divorce process can be even more challenging, especially when children are involved. The divorce process can drag on for months, leaving you overwhelmed and wondering what to do about crucial matters like child support and timesharing while you wait for the divorce to be finalized. Luckily, the courts recognized this issue and offered a solution known as temporary orders. This article discusses temporary orders and how to obtain one in Florida.

What Are Temporary Orders?

As the name suggests, temporary orders are short-term solutions that help divorcing couples manage crucial issues until the divorce is officially finalized. These orders address key concerns such as timesharing, child support, alimony, and property division. If your divorce is particularly contentious or involves high-value assets, it can take up to a year or even longer to finalize. Temporary orders can protect your rights and provide much-needed stability in the meantime. Without them, you may have to rely on informal agreements, which can be challenging to develop or agree with when tensions are high.

Some common types of temporary orders include the following:

• Temporary Spousal Support: This provides financial assistance if one spouse earns significantly more or if career sacrifices were made during the marriage. For instance, if you have been a stay-at-home parent, you can request this temporary order.
• Temporary Property Division: Allocates use of homes, vehicles, or other assets until the final divorce decree.
• Temporary Time-Sharing: For example, if you and your spouse cannot agree on a parenting plan for your minor child, a temporary order can help establish formal timesharing schedules.
• Temporary Child Support: This ensures children’s financial needs are met even during the divorce process.
• Temporary Injunction: Protects against domestic violence through restrictions on contact and harassment.

How To Request a Temporary Order in Florida

To obtain a temporary order, you’ll need to follow specific steps. The process starts by filing a petition or motion for divorce. Your motion should include facts supporting the temporary order request, a sworn declaration of the truthfulness of the motion, and a proposed order outlining the relief you need. Once filed, you must serve the documents to your spouse using the court’s approved methods, ensuring they can respond. The court will schedule a meeting where you and your ex can present your arguments.

During hearings for temporary relief, the requesting party typically has the responsibility of proving why the court should grant the order. This requires meeting the “preponderance of the evidence” standard, meaning they must demonstrate that it is more likely than not that the circumstances warrant the requested relief. It is vital to have an Orlando divorce attorney advocate for you by presenting evidence and witnesses to support your case. The judge then decides, and if your request is approved, the temporary orders will remain in effect until the court finalizes the divorce.

It is worth noting that temporary orders can be modified if circumstances change, such as job changes or health issues. If changes are necessary, you may need to file additional paperwork, which a skilled attorney can assist.

Contact an Orlando Divorce Lawyer

For legal help, contact our Orlando family lawyer at the Arwani Law Firm today.