Depending on the animosity between the spouses and the complexity of the issues involved in their divorce, it can take an average of six months to a year for a couple to separate. Sometimes, though, one spouse can’t wait that long to have custody and child support issues hammered out. In situations like these, contacting a child custody lawyer in Jacksonville, about obtaining a temporary order may be immensely helpful. Here’s more information about this option.
How a Temporary Order Can Resolve Pressing Issues
Once spouses decide to divorce, it’s common for one spouse to leave the marital home either voluntarily or involuntarily. This can put the other spouse into a bind if the absent spouse was the primary breadwinner or the person with the kids doesn’t earn enough income to support the family. Waiting for a divorce to finalize in this case may not be feasible.
If the two parties can’t reach an informal agreement about the issue, then spouse with the children can petition the court for a temporary order determining who gets custody of the kids and how much child support the non-custodial parent must pay. The family court judge can also make decisions about visitation rights and spousal support, as well as put a restraining order into effect, if needed.
How the Process Works
Essentially, the person submits a petition to the court asking for what they want. Once the court receives the petition, and the soon-to-be ex-spouse has been served with court papers, a hearing is scheduled for the next available date. The judge will typically review the facts of the case, ask each party a few questions, and then make a judgment based on the law and other factors.
Once the case concludes, any orders approved by the judge go into effect immediately and will remain valid until the divorce is finalized.
Although getting a temporary order may seem straightforward, things can get complicated pretty quickly, especially if the non-custodial spouse is combative or uncooperative. Working with a child custody lawyer in Jacksonville, can help ensure the case goes through with minimum problems. For more information about getting a temporary order, contact a Eilert Law, PLLC.
