Temporary Orders occur during divorce proceedings. These orders of the family court continue until your divorce matter concludes. The most common form of temporary orders deal with living and logistical arrangements, financial terms and conditions, and child related issues. Experienced Las Vegas temporary orders lawyers know the importance of getting you everything you deserve during the time until your divorce case resolves.
Living and Logistical Arrangements
One of the first issues concerns the living arrangements. It’s never a good idea for divorcing spouses to remain under the same roof. So one spouse needs to obtain other living accommodations. At times there are logistical employment conditions that need to change. If one spouse is not currently working, the court may require that they seek employment. These types of issues can also include working at and managing a spousal owned businesses, transportation factors, and pet care, to name just a few.
Financial Terms and Conditions
Temporary spousal support is one of the main issues in the financial terms and conditions of temporary orders. Even if both spouses have gainfully employment, one may have more earnings than the other. The exact amounts that one spouse pays the other during the divorce case needs agreement. Normal and regular living expense bills require payment. There has to be a formal understanding of which party pays what.
There is also the issue of real estate holdings, including the marital residence. Often times the home that was appropriate for both spouses is not appropriate for either one individually. Therefore, you may be selling your house. In this case, your lawyer asks the court to rule on who the realtor will be, what amount is an acceptable selling price, and what will happen with the sale proceeds.
Separating spousal finances is cumbersome. Most times there are credit cards and checking and savings accounts, which have community property considerations. There must be a process to remove joint account names and obtain individual accounts. The most financially complex divorce cases can also involve investment portfolios. Usually one or both spouses manages these investments during marriage. Therefore, the issue of who will be in charge of investment decisions needs to be part of your court filing and your divorce lawyer’s oral arguments before the court.
Child Related Issues
Divorcing spouses with children can expect that all child custody, child care, and child support factors will be part of temporary orders. Again these are not permanent arrangements, the final decree of divorce replaces them. But the well-being of minor children in divorce proceedings is a high priority for the family courts. Issues like where the children will live, with whom, and/or visitation schedules require orders from the court. Child support payment amounts also need agreement. The child custody arrangement between both parents during the divorce case affect child support amounts. School transportation, doctor’s appointments, and holiday schedules are also examples of considerations in temporary orders.
Two Forms of Temporary Orders Resolution
Temporary Orders resolve in one of two ways. If both parties can agree on all issues, then both divorcing spouses sign an Order by Stipulation and the judge authorizes it. This method is the most advantageous to both parties but rarely happens because there are a wide variety of issues, and it’s common for disagreement on some of them. This is where the experience of a seasoned attorney comes in.
A court hearing for a motion for temporary orders occurs when both parties cannot come to an agreement on their own. The family court judge will hear oral arguments from the attorneys representing the divorcing spouses. The oral arguments are in addition to previous court filings. The filings contain the reasoning and legal precedents for what each party is asking for. After hearing from both lawyers, the judge will determine what temporary orders will govern the divorce proceedings.
Las Vegas Temporary Orders Lawyer
Our divorce attorneys have the experience that comes from arguing countless Motions for Temporary Orders in complex and contested divorce matters. This includes knowing the past rulings and inclinations of each family court judge. Their experience can be to your advantage. Call 702-222-4021 to speak with one of them. Each of our Nevada State Bar Board Certified divorce lawyers provides phone consultations as a courtesy at no charge.