Thursday, July 6, 2017

Divorce and Temporary Orders

Aren't All Divorces the Same?


While it can be said if you have seen one divorce you have seen them all, every divorce has a life of it's own.  Sometimes a client will come in and file for divorce and the whole thing is as smooth as ice. Other times, it's more like jagged as ice.  My point being, ice is ice and divorce is divorce, but that doesn't mean one size fits all.

Divorce and Temporary Orders


Temporary orders are a tool for dealing with complicated divorce and custody issues.  Not all divorce and custody cases will need temporary orders.  They become necessary in order to routinize a child's life during the pendancy of a divorce action.  If the parents cannot work together to develop a schedule that is healthy, consistent and good for a child, your attorney may suggest that you seek temporary orders.

Temporary orders are not the final custody arrangement, they are just what they say they are, "temporary".  These rules give the stability need to your child.  Will the temporary orders become permanent?  It is possible that they may but not necessarily so.  A judge will determine what is in the best interest of your child during the interim between filing for divorce and final decree.  If, in the end, you are unable to agree or negotiate a custody arrangement with your child's other parent and the judge is required to make a decision, he or she will look at the status quo as guidance as to what is in the best interest of the child.

But Who Wants a Judge to Decide?


As always, I advise my clients, they as the parents know what is best for their child.  Even though they are getting divorced, the parents know each other and they know the child.  The best interest of the child is really, in part, the parents agreeing on parenting the child.  If you can come to an acceptable, stable, healthy and consistent agreement about who will have the child when, visitation schedules and the other myriad of issues that go along with child custody, you will not need temporary orders.

Should You Avoid Temporary Orders?


Temporary orders have a time and a place.  When they are necessary, they are a fantastic tool.  They however, can be expensive, and in the end they might set a precedent that you wish they hadn't.  And, as always, if the other side has motioned for Temporary Orders you need to respond in order to preserve your rights.

If you need to speak with a Boise Divorce Attorney, give us a call at 208-473-2383.  You can also visit us our other web page for more information  Give us a call.  You will be glad you did.

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