Temporary orders serve as interim rules that both parties in a divorce must follow until the final orders are issued. These orders are crucial because they help maintain stability and order during the tumultuous period of divorce proceedings. They cover a range of issues, including but not limited to child custody and child relocation, child support, spousal support, and the use of marital property.
Applying for Temporary Orders
In Massachusetts, either party in a divorce case can file a motion for temporary orders shortly after filing for divorce. This motion must specify the issues needing immediate attention and the proposed resolutions. For example, a parent may request temporary custody of the children or seek financial support to cover household expenses.
The court usually schedules a hearing where both parties can present their arguments. It’s essential for individuals to prepare adequately for this hearing, as the decisions made can significantly impact the dynamics of the divorce proceedings.
Common Issues Addressed by Temporary Orders
- Child Custody and Visitation: Temporary orders can establish who the children will live with during the divorce and how visitation with the non-custodial parent will be handled.
- Child and Spousal Support: These orders ensure that financial support is provided for the lower-earning spouse and children. This is particularly crucial if one spouse was financially dependent on the other.
- Use of Property: Temporary orders may dictate who can use the family home, cars, and other significant assets during the divorce.
- Payment of Debts: These orders may assign responsibility for marital debts until the divorce is finalized.
Examples of Temporary Order Challenges
A typical challenge might arise when one spouse refuses to comply with temporary custody arrangements, leading to conflicts and legal complications. Another common issue is the enforcement of temporary support orders, especially if one spouse is non-compliant or hides assets.
It is common for temporary orders for spousal support to be adjusted if it is discovered that the paying spouse understates their income. This adjustment is crucial in maintaining the financial status quo during the divorce proceedings.
Why You Need an Attorney for Temporary Orders
Navigating the nuances of temporary orders requires a deep understanding of Massachusetts family law and an ability to present a compelling case in court. Temporary orders can set the tone for the rest of the divorce proceedings, making it essential to get them right. An attorney can help ensure that the temporary orders reflect your needs and interests, providing a stable foundation as you navigate the divorce process.
Temporary Orders in Massachusetts
If you are going through a divorce and need to understand or obtain temporary orders in Massachusetts, it is crucial to seek experienced legal counsel. Temporary orders can significantly affect your life and the outcome of your divorce. Contact an experienced family law attorney today to ensure that your rights are protected and your needs are adequately addressed during this challenging time. We are experienced family law and divorce lawyers in Newton, Massachusetts serving clients in Arlington, Belmont, Brookline, Cambridge, Newton, Wellesley, Woburn and the entire Boston metro area. Call us for a free case evaluation.
