Temporary Orders Can Help Resolve Family Disputes
As you move through the divorce process, you could find that you must make a quick decision related to issues like child support or alimony. In these cases, you may request a temporary order, which will be in effect until a permanent order can be arranged and made official in your divorce decree.
If you and your spouse live separately, you must either reach an agreement about how you will share expenses or go to court and ask the judge to decide for you. If you and your spouse do agree, you can write a temporary agreement of your own, but if you do not, a temporary order from the judge is necessary to resolve these crucial issues.
Seeking a temporary order
To get a court order, you must file some paperwork in court. These papers are available for free in person at the court or online. You will likely need the following:
- A request for your desired court order: The most common such form is an Order to Show Cause, which outlines exactly what you are asking for, such as temporary child support. It orders your spouse to appear in court at a certain time and date to argue why the court should not grant the request.
- Supporting declaration: This is a written statement made under oath that outlines all the facts that justify the issuance of your desired order.
- Proposed temporary order: This statement contains the exact relief you are seeking. The judge will sign it if he or she decides to grant your request.
- Proof of service: By law, you must serve this paperwork to your spouse. The proof of service shows the court that you have abided by this responsibility.
To learn more about obtaining a temporary order in the middle of the divorce process, speak with an experienced Long Island family law attorney at Bryan L. Salamone & Associates.