Temporary order for separation helps one put into perspective the financial and legal considerations necessary with divorce. Emotions are high and sometimes a person can become so upset that he or she will not think clearly about the important issues associated with separation. If children are involved then there may need to be temporary child support set so their needs are taken care of. In addition, if your husband or wife makes more money then you do, there may be a need for temporary spousal support. Other decisions necessary to think about when considering a temporary order for separation concerns the assets and liabilities that partners share. The bills will still need to be paid. The assets will have to be divided up. The divorce is going to have to be paid for and visitation for the children will have to be decided. "Can two walk together, except they be agreed" (Amos 3:3)?
Expect one's lifestyle to change with a break up. Before a temporary order for separation a couple work jointly to make sure everything is taken care of. Once the split takes place incomes are no longer combined. The spouse who moves out will have to secure another living space so the other partner may be responsible for making the house payment. The court will want to know who the primary caregiver is for the children. If joint custody is decided ahead of time then the couple may want to stay in the home together for the sake of the kids. If this is not realistic then be prepared for change. Two incomes mean twice as much as one income so lifestyle changes are inevitable.
Health insurance and medical needs of the children are going to have to be taken care of through a temporary order for separation. If one partner already has insurance he or she should not cancel it. Getting mad at one's spouse should never warrant doing something that will inevitably hurt the kids. When going to court the judge will not smile on a spouse who has done so. One of the most important things in getting a divorce is to show that you have continued to care for your children. Carefully consider the importance of being responsible especially through a break up. Make sure that when you make changes in financial and legal matters that the minors are taken care of.
If partners can sit down and talk over all of the changes that will happen with a temporary order for separation and agree upon the financial and legal matters then the divorce will be a whole lot easier. When disagreements happen a couple might want to have someone be a mediator between them in order to find a middle ground. There will have to be some compromises because agreeing on every single thing may not be possible. You can either compromise now or let the judge make the decision on what is going to happen with assets and liabilities, the children, and attorney's fees. To ease the stress of getting a divorce partners need to have things settled between them before going to court.
Some people may ask if having a temporary order for separation is necessary. The first thing to find out is if the state you're living in recognizes a legal separation. Some states require that a divorce is filed and then couples get a temporary court order until the divorce becomes final. The court order provides an outline of responsibilities until the final court date. If marital problems such as infidelity have led to the break up the spouse who was cheated on may want to make sure that the children are not exposed to bad behavior from a parent during visitation. Abuse is another concern that will need to be addressed. When considering these issues a temporary court order is important and necessary.
Having a way to start the ball rolling before a divorce, temporary order for separation is the way to do so and can be very important towards the healing process. This helps to prepare both adults for the inevitable. Not that things will not change once the case goes to court but if two spouses talk over the financial and legal issues ahead of time then all they would be waiting for is for it to become finalized. So, this act sort of sets one up for what is going to be final and gives a person time to start adjusting to the changes. Knowing that there will be child support to help take care of the children can be a comforting thing for the primary caregiver. Also, if the other spouse knows when he or she will be able to see the children then plans can be arranged in advance.
Not following through as promised will be looked upon as unfavorable when going to court. If you agree to certain things in a temporary order for separation and then do not do what is promised, a judge will consider this irresponsible behavior. To make it worse, making excuses is not good either. Be sure when agreeing upon assets, liabilities, and the kids that you do what is your responsibility. Be helpful, considerate, and understanding with each other as much as possible but not to the point that the agreement becomes one-sided where one spouse is doing everything right and having to pick up the slack for the other person. Be determined to make the agreement work for everyone involved.
Temporary Order For DivorceTemporary Order for Divorce addresses child custody and support, property issues, and temporary spousal support. When partners agree on these issues then the process works much better. If they cannot agree then the judge will have to make a ruling. The person who gets custody of the children is probably going to be the primary caregiver. This is the spouse who normally takes care of the needs of the children. The spouse who does not get custody will be ordered to pay temporary support and have a visitation schedule. The court will also determine who will be responsible for health insurance for the kids. Property issues are usually determined when there is a temporary order for divorce. Normally the custodial parent is the one who is allowed to stay in the home. Another issue with property is about making the mortgage payments and paying utility bills. "I have showed you all things, how that so laboring ye ought to support the weak, and to remember the words of the Lord Jesus, how He said, It is more blessed to give than to receive" (Acts 20:35).
A petition will have to be filed in order to get a temporary order for divorce. When a spouse files a petition then the spouse will need to be served papers. Hiring an attorney is the best way to handle petitions to the court. The spouse receiving the papers will want to file a response to the petition. If parties agree everything will go smoothly. If they do not then there will need to be a court hearing where the judge determines all the issues associated with the petition. When it comes to the kids, the judge will probably base his or her decision on what is best for them. They need to be kept in the same schools and live in the same home so their lives are not disrupted too much. Hearings can be set periodically before the court date so that the parties can negotiate differences. When a petition is unresolved court cost may be more expensive and so will attorney's fees.
If a spouse chooses to move out and the spouse who is still in the home cannot pay the bills and take care of the children's needs then he or she will want to file a temporary order for divorce. If necessary the spouse who is taking care of the kids can get a restraining order on the spouse who left, can establish custody of the children, and get spousal support as well. This may include who gets the family car and possession of the family home. An attorney can try to get the process decided quickly especially when the kids are in need.
There will be documentation needed when filing a temporary order for divorce. The judge will want to review copies of income and expenses. He may ask for a budget as well. The judge may choose to hear your case in his chambers or in the courtroom. He will need all the facts in the case. The income will help the judge to determine temporary child support. The other spouse should try to make the court date so he or she can defend self or be able to answer questions asked by the judge. The more cooperative a person is the better the outcome for all. Whatever the judge decides will be in effect until there is a petition for divorce or a temporary order ends. Couples may decide to get back together and work things out but they must file to end the temporary order when this happens.
Couples should try to find reasons to stay together. The number one reason of course is the children. They need both parents all the time. Filing a temporary order for divorce can be reversed. Think about all of the time you have invested in the relationship and cherish the memories. Remember the vows that were spoken when the two of you got married. The stress of divorce takes a toll on the parties involved and can lead to premature death. Think about all the money that it will take to pay the lawyer and the court fees. Then there will be the absent children. Now you are accustomed to having the children with you but when a divorce takes place that may not be the case.
Some partners may wonder how they can try to stay together when there has been so much hurt. God is in the business of healing relationships. He does not want divorce to happen. Start attending church services regularly. Get counseling from the church or through a marriage counselor. Take a couples retreat and spend quality time together. Pray together and read God's word daily. Try to find reasons to stay together and never mention divorce or filing a temporary order for divorce. The more a person talks about leaving and getting a divorce the higher the chances it will happen. Instead, speak healing to your marriage. Find reasons to be thankful for the partner you have.
There are times when a person is affected negatively because of their physical or mental health. Making major decisions during this time is a bad idea. Perhaps there has been so much stress around the finances that a couple thinks their lives might be easier apart. Unfortunately, there may be infidelity and betrayal involved in a decision to get a temporary order for divorce. This is a hard problem to work through. The spouse who has been hurt has lost all respect and trust in the marriage. A person becomes numb and often feels like there is no way that the relationship can be saved. Do not make rash decisions. If the spouse who has cheated is sorry and vows to never break the covenant relationship again then choose to forgive and ask God to heal the hurt within your heart. He can surely do this and much more. He can perform a miracle!