Divorce can be a long and complicated process, and in cases where spouses can’t agree on certain issues, a temporary order may be necessary. A temporary order is a court order that provides temporary relief until the final divorce decree is issued. These orders are typically put in place to ensure that both spouses have access to finances, assets, and support while the divorce is pending. In this article, we’ll discuss how temporary orders work in Utah divorces.
When Is A Temporary Order Needed?
Temporary orders are typically issued in cases where there are disputes over issues like child custody, support, and property division. These disputes can arise even before the divorce is filed, but they most commonly occur during the early stages of the divorce process. Temporary orders are often necessary because divorces can take months or even years to finalize, and most people don’t have the financial or emotional resources to wait that long for relief.
What Issues Can Be Addressed In A Temporary Order?
Temporary orders can address a wide range of issues, but the most common ones include:
- Temporary custody and visitation orders
- Temporary child support orders
- Temporary spousal support orders (also known as alimony)
- Temporary restraining orders to prevent the dissipation of assets or harassment
While a temporary order can provide relief for the parties involved, it’s important to note that it’s only temporary. Once the final divorce decree is issued, the provisions in the temporary order will no longer be in effect.
How Is A Temporary Order Issued?
Temporary orders can be issued through either a court hearing or a stipulated agreement between the parties. In most cases, the parties will try to reach a stipulated agreement, as this is generally faster, cheaper, and less stressful than going to court. However, if the parties can’t agree, a hearing will be scheduled, and a judge will issue the temporary order.
How Long Is A Temporary Order Valid?
A temporary order is valid until it’s either replaced by a final divorce decree or modified by a subsequent order. In Utah, temporary orders are usually valid for up to 120 days, but they can be extended if necessary.
Can A Temporary Order Be Modified?
Yes, a temporary order can be modified if there’s a significant change in circumstances. For example, if one of the parties loses their job, the temporary support order may need to be modified to reflect the change in income. However, the party seeking a modification will need to file a motion with the court and provide evidence of the change in circumstances.
Final Thoughts
Temporary orders can provide much-needed relief for parties going through a divorce, but they’re only a short-term solution. If you’re going through a divorce in Utah, it’s important to work with an experienced family law attorney to ensure that your rights and interests are protected throughout the divorce process.