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TEMPORARY ORDERS EXPLAINED
Divorce frequently takes months or even years to complete, but your life does not stop during that time. This means you still need child support, alimony, and some simple rules that both of you need to follow in the beginning. This is where temporary orders come in.
Temporary orders can apply to everything from your children and debts to your home, car, and other assets. You need to know right away who needs to keep paying certain bills, as these do not simply stop while you work through the divorce. You also need to know who gets custody of the kids, and who has to offer financial support to the custodial parent. The temporary orders that are given are in no way permanent, but many judges do like to stick with the status quo, so it can be advantageous to speak to the judge first and propose some temporary orders.
The orders can be reversed later on if your spouse does not agree, or if you end up unhappy with how things are going. However, the first orders are often kept in mind by the judge, and if they seem to be working, they may be kept in place as the divorce progresses.
When children are involved, the main point of temporary orders when it comes to child custody is to make sure they have a stable home during the divorce. Most judges do not like to add additional changes to the lives of the children, so they are likely to keep the kids with the current primary caretaker. They may not end up staying with that parent for years, but until the divorce has been finalized, they will likely stay put.
TALK TO A LAWYER IMMEDIATELY FOR BEST RESULTS
This is why it is so important to talk to a New York divorce attorney at the very beginning of the process. You need immediate legal advice if you wish to stay in the marital home and keep custody of your children, at least while the divorce progresses.
Though temporary orders do not last forever, do not underestimate the power they have in getting the final outcome you desire. Your best bet is to start out with the results you want so that the judge will be likely to simply leave the orders in place. You can do this by being the first to contact the judge, which means speaking with a lawyer before your spouse does.
This is especially important if you suspect your spouse may try to punish or control you using the children or assets. Depending on your circumstances, your spouse may be able to get temporary orders for child custody, with no visitation for you until the divorce progresses. This could take months or years, and though temporary orders can be fought, it is often expensive and can take a while.
If you manage to get custody of the children, you need to also get temporary orders to make sure your spouse pays child support from the beginning. Otherwise, you may not see the money you deserve for a long time. You also need to make sure major assets have been addressed, including your marital home, insurance plans, and the family cars. Debts need to be split up right away, too, unless you plan to end up in bankruptcy court before the divorce is even over.
PROTECT YOUR FAMILY AND ASSETS
Even if you have gotten custody of your children, you need to make sure the assets you and your former spouse have built up together are still safe. Some people try to punish their former partner by spending as much money as possible, leaving little behind to pay off debts, alimony, or even child support. This is why temporary orders need to address all assets.
If you do not have custody of the children, you can still make sure they are properly cared for when you get temporary orders concerning who comes in and out of their life. If you are worried about the custodial parent constantly dating new people, for example, you can request temporary orders that restrict the amount of contact that your former partner’s dates have with the kids.
An extra benefit of temporary orders is that if they seem to work well for your family, you can simply keep them in place long-term. This can reduce arguments with your former spouse since most details will be worked out from the beginning, with the help of your lawyers.
HIRE EXPERIENCED DIVORCE LAWYERS FOR ASSISTANCE
At Brian D. Perskin & Associates P.C., we have over 40 years of combined experience handling temporary orders for families. We want to help you protect your family, which means addressing debts, assets, and dependents from the very start. Our approach is aggressive enough to get what is best for you and your children, even when you are dealing with a vindictive former spouse.