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Temporary Orders in Divorce

Why have temporary orders in a divorce? Between the time a divorce is filed and the final divorce decree is entered, there often must be some controls in place concerning children and property. These controls are the temporary orders entered by the Court either by agreement of the parties or after a hearing.

Temporary Orders concerning children will control which parent has the primary possession of the children and when the other parent may have possession of the children. The orders will control the powers of the parents as to such things as educational decisions, health care decisions, psychological and psychiatric treatment. The orders will set the amount of child support, when it is paid, and how it is paid. They will also address the issue of health insurance for the children and how the uninsured medical expenses will be paid.

Temporary orders are imporatant to control the property issues. The orders will provide who occupies the residence, who makes what payments of bills and expenses and who possesses certain items of personal property. Most importantly, these orders often protect the property from encumbrances, from waste or transfer. They may also enjoin a party from destroying or concealing documents and property thus preserving the marital estate for division in the case.

Temporary orders may also require one spouse to pay interim support to the other spouse while the suit is pending and to paythe other spouse's interim attorneys' fees, accounting fees, and appraisers.

Talk to an experienced family law attorney when you file for divorce. You may well need temporary orders. They are not do-it-yourself items for the uninitiated. Go to for more information

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