Can a divorce attorney assist in preparing a strong case for temporary orders during the divorce process?

Having a Divorce Attorney Assist in Preparing a Strong Case for Temporary Orders: 

During the divorce process, many issues can arise and need to be resolved in a timely manner. This may include temporary custody arrangements, child support, spousal support and property division issues. Although it is common to come to an agreement amongst themselves, if the parties are unable to agree on their own then the court will conduct a hearing. This is known as a “temporary orders” hearing. 

(Searching in Google “Legal Knowledge”? Contact us today!)

Generally, during a temporary orders hearing the judge will listen to both spouses and will decide on matters such as child custody, parenting time schedules, legal decision making for children, use and possession of marital property including homes, vehicles, bank accounts, payment of expenses and debt, income, expense, and alimony (or spousal support). The judge will either state the order at the end of the hearing or will take it under advisement and issue an official decision after he or she has had a chance to review the evidence presented. 

The first step is to file a Motion for Temporary Orders. This will be accompanied by a Sworn Declaration (i.e. affidavit) which is a written statement that is based upon first-hand observation and explains why a specific party deserves what they are asking for. Each party also has an opportunity to submit documentary evidence. 

Once the motion is filed, the other spouse can then respond to the motion with a Counter-Motion for Temporary Orders. Then, each party will have an opportunity to submit additional sworn declarations and/or documentaries as they see fit. This is also an excellent opportunity for a lawyer to assist a client in gathering and organizing relevant evidence. 

As with any court case, the more prepared you are the better the outcome will be. For this reason it is always recommended that you have an experienced divorce attorney assist you in preparing for the hearing. 

When choosing a divorce attorney to assist you, it is important that you select one who is familiar with the laws in your jurisdiction as well as the local judges and their tendencies. In addition, your attorney should have a proven track record in handling cases with similar issues and circumstances as your own. You should also look for an attorney with whom you feel a comfort level and who approaches your case in the way that best suits your personality and needs. For example, some attorneys work in a collaborative style that aims to minimize conflict and perhaps settle your case out of court, while others have a more aggressive approach. Choosing an attorney who is familiar with your style and the issues you are facing can make a big difference in the outcome of your case. Ultimately, a good divorce attorney will put your mind at ease by ensuring that all of your legal rights are protected.