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Temporary Orders While Your Divorce is Pending

Posted on in Divorce

When couples choose to live apart while their divorce is still pending, this can pose a number of issues, especially if there are children involved. Parents that choose to separate must consider aspects that are usually determined at the end of the divorce process, such as custody arrangements, living arrangements, and child support. Then there is the matter of enforcement. Without court orders, a spouse may promise one thing but then do another. That is where temporary orders come in.

At the Clark Law Group, our Dallas family law attorneys are experts in the area of enforcement of judgments. If you and your spouse cannot agree on anything while your divorce is pending, or if you fear that he or she will not abide by your agreed-upon arrangement, a temporary order may be just the tool you need to ensure a smooth divorce.

The Purpose of Temporary Orders

Temporary orders are meant to ensure cooperation between parents until the divorce proceedings come to an end. Unfortunately, when two people separate prior to the close of their case, one or both parents make it difficult to provide any semblance of stability for their child(ren). Temporary orders prevent an angry parent from taking off with the child, or from withholding visitation. They also serve to enforce child support and spousal support payments when circumstances dictate the necessity for support prior to the divorce ending.

Establishing Temporary Orders

Temporary orders are atypical in a Dallas divorce. More often than not, parents are able to cooperate with one another throughout the duration of their divorce, even if communications are strained. However, every situation is unique, and if you and your spouse simply cannot get agree on what is best for your child, the courts will do so for you. In order to establish temporary orders, you will need to request one. A judge will hold a hearing, during which both you and your spouse will state your case as well as your expectations for the duration of the divorce. It is important that you come prepared to the hearing, and have a firm idea of what solution you want to reach in terms of child support, visitation rights, transportation cost, spousal support, and even health coverage.

Modifying Temporary Orders

Believe it or not, temporary orders can be modified if the divorce goes on for long enough and the judge feels that the current situation is not an ideal one for the child. To modify temporary orders, you would need to prove that there has been a major change in either your own or your spouse's circumstances; that your child's needs are not being met; and/or one parent is not adhering to the established temporary orders.

Though temporary orders can be used as guidelines for establishing permanent orders, they are not set in stone. If one parent loses custody in the midst of the divorce process, he or she can regain it by proving to the judge that he or she has changed and is fit to parent. Likewise, if you are not happy with the amount of child support you either pay or receive, you can request a change.

Consult a Dallas Judgment Enforcement Attorney

If you want to ensure the most stable life for your child during the course of your divorce, reach out the Dallas judgment enforcement lawyers at the Clark Law Group. Our attorneys can guide you on what to include in your orders as well and advise you on what to expect by requesting temporary orders. To consult with a Dallas family law attorney, call 469-906-2266 today.

(image courtesy of Tristan Colangelo)

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