Temporary Order Hearings in Massachusetts
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Most of the issues that lead to divorce are emotionally-driven; however, once the divorce process begins, questions begin getting asked: Will I receive child support? How will the mortgage get paid? Because it can take several months to work out all of the issues, a temporary court order is essential for determining how issues are to be handled from the time your divorce is filed until a final agreement is negotiated.
Once divorce papers are officially filed and served, an asset restraining order goes into effect. However, the rules are limited and do not require spouses to support the other party or the children. Neither spouse is required to pay any bills, and there is nothing in place that limits either parent from unilaterally moving with the children or denying access to the other parent. The only way to protect your financial and parental rights is to have the court issue a temporary order outlining each spouse’s responsibilities throughout the duration of the divorce process.
To do this, you must file a motion for temporary orders and attend a temporary order hearing. These will be guidelines the spouses will be able to follow while the divorce is in progress.
Issues to Address at a Temporary Order Hearing
- How much child support will be paid?
- Who gets primary legal custody and physical custody of the children?
- How will health insurance get paid?
- Will a guardian ad litem or parent coordinator be needed?
- Who will get exclusive use and control of the marital home?
- How will the mortgage get paid?
- What will be each spouse’s responsibility for credit card debt?
- Will temporary alimony payments be made from one spouse to the other?
Do You Need to Modify Temporary Orders?
If you’re not satisfied with temporary orders or situations have changed (such as you find out that your former spouse is moving, having their new boyfriend or girlfriend spend the night when the children are there or dating someone with a criminal history), our attorneys can seek a modification on your behalf.
Is Your Spouse Violating the Temporary Orders?
If your spouse begins violating court orders while the case is still pending — either doing what they shouldn’t be or not doing what they should be — you should contact the attorneys at Miller Law Group, P.C. immediately. We will file a contempt claim on your behalf and it will be served on your spouse. Once the court considers the facts in the situation, it has the discretion to order sanctions such as paying your attorney fees, giving your spouse one final chance to comply, or even sending them with a toothbrush overnight to jail.
A Reputation as Strong Temporary Order Attorneys
Outside of a divorce trial (which happens in less than two percent of all divorce cases), the temporary order hearing is the most important appearance you will make before a judge in court. You should be well represented. Miller Law Group, P.C. has appeared in court on hundreds of occasions on Motions for Temporary Orders. We know the local courts and judges, and we are well-versed on what can reasonably be expected from each. You can count on us to make the best arguments and help shape how your divorce will ultimately end.
To learn more about taking action with temporary orders, or to challenge temporary orders that have not been made to your liking, call today or contact us to schedule a free, no-obligation consultation.