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Seeking Temporary Orders Before Divorce

 Posted on June 26, 2018 in Complex Divorce

Texas divorce lawyerAlthough filing for divorce is a stressful time, it is still important that those who have decided to dissolve their marriage take certain initial steps. For instance, the parties involved will still need to pay household expenses, care for children, and perhaps relocate. Failing to address these issues early on can add more tension to an already stressful situation, which is why Texas family courts are often asked to step in and issue temporary orders before any actual divorce proceedings take place. For help representing your own interests in a petition regarding temporary divorce orders, please contact one of our experienced Georgetown high asset divorce attorneys for advice.

The Importance of Temporary Orders

When a couple decides to get divorced, it is often in their best interest to request a hearing for temporary orders. As their name suggests, these types of orders aren’t necessarily the ones that will remain in place when a divorce is finalized. Instead, their purpose is to provide a quick resolution to important issues until divorce proceedings actually begin. In high asset divorce cases, these orders are especially important because they could have a significant bearing on a series of critical issues, including:

  • Who will remain in the home during the divorce proceedings;
  • Who will retain possession of and access to the couple’s vehicles;
  • Whether one party will be responsible for paying temporary child or spousal support;
  • How visitation and parenting time will be divided; and
  • Whether either spouse will be restricted from selling certain assets.

Implementing an appropriate strategy early in the divorce process is crucial because although these types of orders are technically temporary, they often end up becoming the starting point from which courts work when ordering the terms of a permanent settlement. For this reason, it’s usually a good idea to make temporary orders reflect as closely as possible what the parties hope to achieve in the final settlement. In many cases, especially when there is not a significant amount of conflict between spouses, this is best accomplished through out-of-court negotiations.

However, it is still important to put any agreements in writing and make sure that they are signed by both parties, as this will make it much more difficult for the other spouse to refute the agreement. It is also important to have an attorney present when these arrangements are made, as it helps ensure that the language used in the agreement is clear and won’t be misunderstood by the court.

Contact an Experienced Georgetown High Asset Divorce Attorney

Temporary orders are important in any divorce case, but they are doubly so in high asset divorce cases, where significant assets are involved. For help coming to an out-of-court agreement with your own spouse regarding temporary support or convincing a court to grant such an order, please contact Powers and Kerr, PLLC and a member of our dedicated legal team will help you schedule a meeting with an experienced Georgetown high asset divorce attorney.

Source:

http://www.dallasbar.org/book-page/top-ten-tips-temporary-orders-hearings

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