Temporary Orders in Divorce - What Do They Do?
Divorce, when contested, can be a very long process. What happens to everything that you and your spouse had together during the divorce process? Who do the kids stay with? Who pays the bills? Who is responsible for getting the kids to and from school or to the doctor? This is the world of temporary orders. When the parties to a divorce cannot get along well enough to agree or maybe even discuss daily life, your attorney might suggest temporary orders.
If you need temporary orders your attorney will motion the court and present your case to the judge. This is sort of a mini trial. The judge will listen to both parties and make the determination of what will happen between now and the actual divorce trial.
Do You Need Temporary Orders?Often times clients will come in and tell me that their friend, their sister or their cousin had temporary orders in their divorce case and that they want to do the same. Wanting and needing temporary orders are two different things. I cannot stress that point enough. Temporary orders are the judge telling you what to do rather than you and your spouse doing what you know how to do and doing what you have been doing. Like I have said before about mediation; it simply works better for the parties to work out their own agreement than to have the judge do it for you. You know what works best for you.
There are situations where one party or the other is being unreasonable and temporary orders are necessary. They will help make a smooth transition on daily functioning of your life during the divorce process if your spouse is making every little decision into a conflict.
Are There Draw Backs to Temporary Orders?Like with anything in life and divorce, there are always draw backs. The first draw back is cost. It can be expensive to have your divorce attorney put together the motion, the supporting documentation and to have a mini-trial. Some attorneys will require the money for the motion and hearing upfront because it can be an expensive process.
The other draw back the really sticks out is what is known as status quo. The status quo refers to the existing situation. If you are in a high conflict divorce for over a year and you have temporary orders which place the children with mom 90% of the time, a judge is less likely to say, at the time of the divorce trial, "now lets split the custody 50/50". Likewise, if the kids stay with dad 60% of the time and go to the school in his neighborhood, after a year or more of ongoing divorce proceedings will the judge now say "mom gets the kids 75% of the time and they will go tho her neighborhood school"? Child custody is determined by the best interest of the child and often the status quo is in the best interest of the child because it is the most stable and consistent thing the child knows in the divorce process.
Again, these two reasons alone (and there are many more) highlight the importance of trying to work things out civilly between the two parties, rather than having a judge decide. Your family law lawyer is a tremendous resource in this area because they are very familiar with the respect that is given to a stipulation by the judge. They are also very knowledgeable about what a judge would find important and what they would find questionable. They, or your mediator, can also help you negotiate terms which you are having difficulty deciding upon. They also help you preserve your rights and your best interest in the divorce. But in the end, it works best for the two parties to come together and decide how things will work during the divorce process.
If you need to speak with a Boise Divorce Attorney give us a call at (208) 472-2383 or click here to visit our website, or click here for more information on divorce in Idaho.