Notice: DUE TO COVID-19, CONSULTATIONS ARE AVAILABLE VIA PHONE OR VIDEO conference AND consultation FEES ARE TEMPORARILY WAIVED. CALL TODAY!

How to Get a Temporary Court Order

When you file for a divorce in Pasadena, it can often take several months for major issues to be resolved. To ensure that basic needs are met during this interim period, a judge will issue temporary orders.

Temporary orders can give temporary possession of assets such as a vehicle or the marital home to one spouse, or order spouses not to sell valuable assets. If the couple has children, temporary orders can make interim arrangements for child custody, child support, and visitation. If one spouse is unemployed or earns much less than the other spouse, temporary orders can provide alimony payments as well.

A judge will issue temporary orders only if you and your spouse can't reach an agreement regarding how to handle these issues while the details of your divorce are being worked out. If you and your spouse are in agreement, there's no need for a judge to get involved.

However, you should write up the details of your agreement and have it made official by your attorney. An informal agreement can be particularly problematic when children are involved. One parent might later try to claim that the other was attempting to kidnap the children or prevent visitation. People who are seeking a divorce often behave in ways that would normally seem out of character, so do not automatically dismiss the possibility that your spouse might accuse you of such a crime.

To get a temporary order, you will need to file a request for the court order that you want. You will also need a supporting declaration that outlines the reason for the court order, such as the fact that you can't provide for the daily needs of the children on your salary alone. If the court grants your request, you'll receive the proposed temporary order signed by the family court judge. Proof of service will be required to ensure that your spouse receives proper notice of the court order.

Hearings for temporary court orders normally take less than 20 minutes. They can be scheduled within a few days if there is an emergency situation, but are most often scheduled within a few weeks. Both you and your spouse will have to attend to present evidence and requested testimony. At the end of the hearing, the judge will issue the order you requested or modify the order based on the input your spouse has provided. The order will stay in effect until your divorce is settled.

How Can We Help?

If you are in need of assistance obtaining a temporary court order, please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com. Our Pasadena divorce law firm can help you make sure the necessary orders are issued in a timely fashion.

Categories