FIf you and your spouse decide to divorce, you may wonder what will happen in the short term while you figure things out in court for the long term. If you have kids together, you cannot just put their lives on hold until your divorce is finalized. It is important for children to maintain their normal routines and schedules as much as possible. However, what happens if you and your spouse cannot agree on how you should handle matters involving your children prior to the court’s official decision?
If you find yourself asking this question, you should reach out to a seasoned divorce attorney to discuss temporary orders in Hamilton County.
A temporary order, also called a pendente lite, outlines how parents will handle matters relating to their children—such as custody and child support—while their divorce case is in progress. While these orders are not mandatory, they can help ensure a child’s needs are met until a final decree from the court is provided.
Matters that are frequently addressed in temporary orders in Hamilton County include:
Because you never know how long your divorce proceedings will last, it is crucial to have a temporary order in place that meets your needs and ensures your children are adequately cared for. If you are not specific enough in drafting your temporary parenting plan, you may not get what you need—which is why it is essential to have guidance from an experienced Hamilton County attorney when seeking a temporary order.
One or both parents can request a temporary order in Hamilton County even if there is not an emergency situation. A temporary order can either be used to continue the status quo or modify it until the court announces a final verdict.
If both parents can work together to create a temporary parenting plan, they may present it to the judge for approval and be granted a temporary order fairly quickly. However, if one parent drafts a plan that the other parent disputes, they must bring a motion to the court. Then, the court holds a hearing where each parent can present their different positions to the judge for approval.
Temporary orders cannot be extended. Once the divorce is over, the pendente lite order is over. Though, it is possible for components of a temporary order to be included in a final divorce decree.
If you are going through a divorce, you are likely already under a large amount of stress and trying to come to an agreement with your spouse on various matters. You do not need more on your plate. Allow a legal professional to help you protect your rights and your child’s best interests by filing for temporary orders in Hamilton County on your behalf. Call today.