Divorce can be a complicated and sometimes lengthy process, which is why you need your divorce lawyers in AZ by your side through it. It can take months to come to a resolution in a divorce case. However, there are circumstances where decisions need to be made immediately. Those circumstances could involve minor children, bank accounts, money, or shared vehicles. As your divorce lawyers in AZ will inform you during your consultation, it may be possible to have a court grant a temporary order to resolve these issues quicker. Once you and your spouse decide to proceed with a divorce, your divorce lawyers in AZ will set up a short hearing in front of a judge. The judge will hear only the important issues that need to have a resolution immediately. Due to the shortness of this hearing, you need to be prepared to go over exactly what your issues are and how you would like to see them resolved. This is something that your divorce attorney Chandler AZ can help you to prepare for.
Temporary Orders and What They Are for
Temporary orders are something that are granted when one of the divorcing couple is left in dire need after the other has moved out. The situation may be that the husband has moved out and the wife is left in the martial home to take care of the couple’s shared children. The wife soon realizes that she will run out of the necessary funds to stay in the home and feed their children before the divorce proceedings are complete. If the spouses are unable to work out an agreement between the two of them, then a judge will need to decide for them. If this is case, the wife’s divorce attorney can help her file for a hearing for a temporary order even if the formal divorce papers have yet to be filed. The temporary order paperwork will be quickly processed and a hearing should be scheduled within a few days or weeks. A spouse may request a temporary order hearing for any of the following reasons:
- to establish custody of a minor child and a visitation schedule
- to request a restraining order to keep one spouse away from the home
- to put an order in place for the spouses to not sell any assets
- to grant possession of a vehicle or home to one spouse
- to set up support payments for the spouse, a child, or both
In the case of having minor children, it is important that you establish custody of them through a temporary hearing. While you and your spouse may seem to be in agreement now, that can all change. If you have not legally established custody, your spouse could call the police and claim that you have kidnapped the children. While this may not be the truth, you may have a difficult time proving that if you do not have the legal documentation to back your custody claim with. If you have the proof that you have been granted legal custody of your children, then the matter of kidnapping will be dropped by the legal system. This may seem like an extreme situation, but people can do extreme things when they feel that they are under duress. A temporary order will be granted by the judge and will be valid until the spouses attending a mediation or a final divorce hearing to finalize their settlement.
How to Obtain a Temporary Order
It will be necessary for you or your divorce attorney to fill out and file the appropriate paperwork to request a temporary order. You may be able to fill it out on your own, or have your attorney assist you. Depending on the state that you are filing for your temporary order in, you may need to actually have your divorce paperwork filed before you are granted a hearing for a temporary order. In this case, the court will usually allow you to file for both at the same time. You may be required to bring addition documents with you when you go to file. Your divorce attorney can prepare you for what other documents you may need to file your temporary order. Speak to your divorce attorney before you go to the court to file your paperwork just to be sure.
What to Expect from the Hearing
After your temporary order request has been granted, your hearing will be held in a matter of days or weeks. The urgency of your need will determine when it is held. Your hearing may be held in a formal courtroom, or in a conference room. The judge will decide if they want to hear both sides of the story, or receive only written evidence. The judge may want to see certain documents as well. Your divorce attorney can advise you what documents you should bring with you to the hearing. During the hearing, the judge will typically do the following:
- ask both spouses for their side of the story, if they are present
- review the request made by the spouse and any evidence with it
- ask follow-up questions if necessary
- look at income information if determining spousal or child support issues
A hearing is usually short and should take less than a half an hour. At the end, the judge will usually make a determining there about the issues in your temporary order. In some cases the judge may determine that more evidence or information is required before being able to make a final decision. In this case, your hearing will be rescheduled and the requested information from the judge will be required to proceed. Keep in mind that the judge’s ruling will take effect immediately. It will continue to be in effect until you and your spouse are able to negotiate a settlement either through the divorce court or mediation.
Schedule a Consultation with Your Divorce Attorney Chandler AZ
Going through a divorce is never easy, especially if you and your spouse have minor children and assets to share. Having a dedicated and skilled divorce lawyer by your side can help make this difficult process a smoother one. Call the Law Offices of Janice M. Palmer, P.C. at (888) 352-7725. We have the divorce lawyers in AZ who have the experience and knowledge to handle complicated divorce cases. Call today for assistance in your divorce!