The legal aspects of divorce proceedings can be complicated and emotionally painful. In some instances, the two parties may be on unequal footing financially or in regard to assets, and certain cases may require addressing a history of domestic violence. Divorces can last anywhere from three months to a year, and some temporary measures may be needed to ensure a fair outcome. If you are facing a divorce, consider a Columbia County temporary order lawyer to help with filing motions that will keep you and your children safe, healthy, and happy.
Some common examples of temporary divorce orders in our area include orders of protection, orders of support, spousal and child support, and temporary child custody. During a divorce, either party can file a motion to seek temporary relief from the court, which often means determining who occupies the marital residence. For example, if there is imminent threat of harm, or instances of domestic violence that require orders of protection, then it is possible for one spouse to be awarded sole occupancy to the residence.
Orders of child and spousal support are also common. When the parties’ incomes are disparate and one party cannot support themselves or afford to raise their children alone, the court can award spousal or child support to ensure all parties and children are sufficiently cared for. If one parent is not fit to have joint custody of a child, then a motion for custody modification can also be sought.
A temporary order is requested by filing a supporting declaration (also known as an affidavit) with the county clerk. The order provides notice to the other party’s attorney, who has an opportunity to respond in advance of a court hearing.
Alternatively, an “order of show cause” can be used to bring about the motion without advanced notice. It is typically done on an urgent basis to give some relief in advance of the other party’s response. For example, a survivor of domestic violence can seek to have an order of protection granted to keep their abusive spouse from contacting them. Regardless of whether temporary relief is granted, the court will set a date for everyone to appear shortly thereafter. A Columbia County lawyer could advise on when and how to file requests for temporary orders.
Child support is calculated based on a formula defined by statutory law. Either parent’s financial obligation is dependent on the parties’ incomes and the number of children they share under the age of 21.
Child custody, on the other hand, determines where the child or children will primarily live and any sort of visitation schedule they will have with the other parent. It also determines who has the decision-making authority over major decisions involving the children.
Temporary orders can help address many important questions about the best interests of the children. For instance, a local attorney could examine whether one parent’s behavior or living standards potentially threatens the children’s best interests and file for a temporary order if necessary.
Unfortunately, some parents going through divorce use their children as pawns during litigation. A compassionate temporary order lawyer from our firm could help ensure that the children’s best interests are always protected and upheld. If one parent is acting contrary to those interests, it is important to preserve the children’s safety and wellbeing by contacting an attorney.
There are numerous ways to keep a divorce case on equal footing for both parties. A Columbia County temporary order lawyer could help reduce the stress of this difficult chapter in your life by filing a motion with the court on your behalf. Call today to learn more about how to get the help you need.
Colwell Law
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518-462-4242