However, if you don’t have any idea what are these “court orders” we are talking about, then you seriously need to read through this blog.
It is best to begin with the legal definition of “temporary court orders.” Well, it briefly refers to a short-term pre-trial temporary “injunction”--- a court order requiring a person to do or cease doing a specific action.
In divorce cases, specifically, there are quite a few temporary court orders that either of the parties can request to the court. What are these?
You can file for temporary orders for issues, including: legal decision-making and parenting time, child support, spousal maintenance, property, debt, and attorney’s fees.
Legal decision-making and parenting time: When seeking or request for a temporary legal decision-making, parenting time, or visitation order, you shall file and propose with the motion stating your specific parenting plan which includes the legal decision-making, parenting time, and visitation requested for all parties to the action.
Child support: When seeking or requesting for a temporary child support order, you shall include and file with the motion a completed a Child Support Worksheet clearly stating the amount requested in accordance with the current child support guideline in the area where your divorce case is being filed.
You shall also provide copies of all child support disclosure documents required by the court’s rule, to the opposing party within a certain period of time specified in the rule. Also, make sure to provide an additional copy of these documents to the court during an evidentiary hearing on the child support motion.
Spousal maintenance: When seeking or requesting for a temporary spousal maintenance order, you shall state the specific duration and your requested amount, then file an affidavit substantially similar to Form 2, or the Affidavit of Financial Information.
Property, debt, and attorney’s fees: When seeking or requesting for temporary orders prohibiting your husband/wife from your residence, community property division, or to order payment of debt, expenses, or attorneys’ fees, the motion shall contain the specific relief requested, the proposed division of property, the income and assets that will be distributed to each party, and the individual obligation to pay the debt, expenses, and attorneys’ fees to be granted by the court.
If you or your husband requests for a temporary order for payment of attorneys’ fees, either shall state the specific amount requested and file an affidavit substantially similar to Form 2, or the Affidavit of Financial Information.
To get a temporary order, you must also file an underlying petition before you file a verified Motion for Temporary Orders with the court. Without an underlying petition, the court will dismiss your Motion for Temporary Orders. However, you can file both at the same time.
Any temporary court order is in effect until there is another order by the court that replaces a certain temporary order.
Know more about the other issues concerning divorce that you might encounter along the legal process. You should hire the most reputable and experienced divorce lawyers in Annapolis, MD.
Visit Wise & Donahue, PLC at 18 West Street, Annapolis, MD 21401 or just contact 410-280-2023.
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