How can I get immediate relief in my divorce?

By April 30, 2019Divorce

Once you’ve filed for divorce, it is usually several months before court dates are set. But sometimes, there are issues that cannot wait several months. For example, you may not know how to divide up assets that are immediately important, like cars, or perhaps there are children involved and you and your spouse can’t agree on custody arrangements in the interim. In these situations, you should ask your Provo Divorce and Family Law attorney to file Temporary Orders.

Temporary Orders are when you request the court to determine temporary decisions that will go into effect immediately and last until the court holds another hearing or new arrangements are agreed upon by the parties at mediation. The court can do this for decisions like:

  • establishing child custody and visiting arrangements
  • provide for temporary spousal support (alimony) and/or child support payments
  • order either spouse not to sell valuable assets, and
  • give possession of the family home or car to one of the spouses.

How do I file Temporary Orders, and what is the process?

To ask for Temporary Orders, you will need to come up with your proposed plan that you are asking the court to legitimize (for whatever issue you are asking for help with), file some paperwork with the court (such as a Motion for Temporary Orders, which your attorney can do), and then attend a short (often less than 20 minutes) Temporary Orders hearing. At the hearing, the judge will:

  • review the details of the requests and the underlying facts
  • possibly ask you some questions
  • ask your spouse, if present, for his or her side of the story, and
  • in child support cases, refer to state guidelines on recommended support, looking at factors such as each spouse’s income and who has primary custody of the kids.

Before you can request the court for temporary orders you must 1) complete the divorce education course and you must complete and file a financial declaration with support income verification.  Once you have filed your Motion and these documents the court then will schedule a hearing.  Please note you cannot get a hearing quicker then 28 days from filing these documents.  Therefore, it is imperative to hire an attorney to help you navigate this process to get you in court as soon as possible. 

If there are issues that need immediate relief, you can discuss with your attorney about filing emergency motions. 

Getting Help with Your Utah Divorce Case

If you are looking into a divorce and have questions about filing temporary orders or need legal help, we’re here for you.  You need to ensure you consult with a competent family law attorney that understands the legalities of divorce in Utah and will help put your mind at ease so you don’t get taken advantage of.  At CoilLaw, LLC, Salt Lake City Divorce attorney Jill Coil knows how to advise you during a divorce to help you achieve the best settlement and/or result possible.  At CoilLaw we are ready and available to help you through your legal action. If you need legal advice concerning a Utah family law issue, call Jill Coil at CoilLaw LLC in Utah at (801) 781-5848 today.

References:

https://www.nolo.com/legal-encyclopedia/temporary-orders-family-court-29642.html