As you contemplate the divorce process, you may be hearing that it can take a significant length of time to complete. You also may be wanting to consider short-term needs while your divorce is in progress. The establishment of temporary orders in Ohio divorce provides guidance while the court case is pending until a final decision is made or decree is issued. This type of court order deals with such matters as use of the marital residence, child custody and support, etc. They may ultimately be different from the final orders of the court.
Temporary orders are to be followed from the time they are issued (typically early in the divorce process) from the time the final decree is available. They are enforceable by the court throughout the divorce process.
If you are in the initial phase of your divorce and feel as though you and your soon-to-be ex-spouse would benefit from having these types of boundaries in place, the attorneys at Trolinger Law Offices can provide sound advice for getting started.
Types of Temporary Orders in Ohio Divorce Proceedings
Types of Temporary Orders in Ohio Divorce ProceedingsThere are various types temporary orders related to divorce in Ohio:
- Child Custody
If you have minor children with your spouse, temporary orders can address issues like custody, decision-making abilities, and visitation schedules during the duration of your divorce proceedings.
- Child Support
In addition to custody and visitation, temporary orders might address financial responsibilities for a minor child during your divorce.
- Spousal Support
If there is a disparity in income or one spouse does not earn an income, a temporary spousal support order may be put in place obligating one spouse to pay a monthly sum to assist with basic living expenses of the other spouse.
- Use of and Financial Responsibility for Marital Assets
When spouses have separated during their divorce process, it is important to define who has possession of certain assets (e.g., marital residence, cars) and who has financial responsibility for monthly liability payments (e.g., mortgage, auto loan, credit card minimums).
- Restraining Orders
Often this is automatically issued in divorce in Ohio to prevent spouses from taking certain actions, like incurring debt, consuming marital assets, selling property, etc.
The Process of Obtaining Temporary Orders in Ohio
Once requested through your filed divorce pleadings, you and your spouse have the opportunity to present to the court what you each feel to be fair temporary orders. In some counties, this presentation of evidence will occur via hearing, and in others it will occur via submission of additional affidavits.
The court will then make a determination of what is fair and reasonable based upon the information provided.
If you feel as though you would be best served by working with an attorney in this process, consider finding one who is experienced in understanding temporary orders in Ohio divorce cases.
Enforcement of Ohio Temporary Orders
While they are only temporary, temporary orders are court orders. They can be enforced by the court. A motion for contempt can be filed if a temporary order has been knowingly violated in Ohio.
How an Ohio Divorce Attorney Can Help
Having legal representation when dealing with temporary orders is important to ensure that your interests are fairly represented. A family law attorney can guide and support you through this process.
The attorneys at Trolinger Law Offices work exclusively in family law in Ohio and have experience with countless divorce cases, many of which involve the court issuing temporary orders. Contact our experienced firm today to learn more.