Going through the process of a divorce is an arduous and emotional experience. The legalities involved can be complex and overwhelming, especially for someone who has never gone through a divorce before. In the state of New Hampshire, obtaining a temporary order is an important step in the divorce process. It is a crucial document that sets the stage for what will happen while the divorce case is pending. In this article, we will discuss how to obtain a temporary order in a New Hampshire divorce, including its importance, the process of obtaining one, and what to expect.
What is a Temporary Order?
A temporary order is a legal document that a New Hampshire court issues to establish rules and guidelines during the divorce process. It includes provisions for parental rights and responsibilities, child support, alimony or spousal support, and the use of marital property. The temporary order is issued at the beginning of the divorce case and remains in effect until the judge makes the final decree of divorce.
Why is a Temporary Order Important?
A temporary order is important because it establishes guidelines for how both parties are to behave during the divorce process. It is designed to provide some stability and predictability during a time of great uncertainty. It also ensures that both parties’ needs and the needs of their children are adequately addressed while the divorce is pending. The temporary order is legally binding with severe legal consequences for non-compliance.
How to Obtain a Temporary Order
Obtaining a temporary order in a New Hampshire divorce is a straightforward process. Here are the steps you will need to take:
Step 1: File a Petition for Divorce
To begin the process, you must file a petition for divorce with the New Hampshire court in the county where you or your spouse resides. The petition should contain a well-drafted request for a temporary order, clearly outlining the terms and conditions you are seeking. Seeking assistance from an experienced divorce attorney is crucial in ensuring that your petition is effectively written and presents your case compellingly.
Step 2: Serve Your Spouse
After filing the petition, the next step is to serve your spouse with a copy of the petition and the summons. The law requires you to accomplish this within a specified time period. Your spouse then has 30 days to respond to the petition. If they fail to respond within the given timeframe, you may be entitled to a default judgment.
Step 3: Attend a Temporary Order Hearing
Once the petition and summons have been properly served, you and your spouse will be scheduled for a temporary order hearing. During the hearing, the judge will review the petition, hear arguments from both parties, and subsequently issue a temporary order. The temporary order will provide instructions on how you and your spouse are to conduct yourselves during the divorce process.
What to Expect from the Temporary Order
Upon the issuance of the temporary order, both parties must comply with its provisions. The specific details of the temporary order will vary depending on the circumstances. Generally, it may include provisions regarding child custody arrangements, parenting time schedules, child support payments, the temporary payment of spousal support, requirements for insurance coverage, restraining orders, and limitations on financial transactions involving marital property.
Adherence to the provisions of the temporary order is of utmost importance to avoid potential legal consequences. It is crucial to understand that the temporary order remains in effect until a final decree of divorce is issued by the judge.
Conclusion
The temporary order is an essential step in the divorce process in New Hampshire. It provides a foundation for how both parties involved must conduct themselves during the divorce proceedings, ensuring that the needs of both parties and their children are adequately addressed. If you are pursuing a divorce in New Hampshire, seeking assistance from an experienced divorce attorney is highly recommended. With the right legal support, you can navigate the complexities of the divorce process with less stress and more confidence. Don’t hesitate to reach out and secure the guidance you need to obtain a temporary order and protect your rights.