Thursday, September 10, 2009

What are temporary orders?

Temporary orders attempt to balance the rights of the parties with respect to temporary restraining orders, temporary injunctions and other orders.

For example, wife makes $1million a year.  Husband is disabled and unable to work.  Wife controls all the money.  Wife could be ordered to support Husband during the divorce and pay his attorney fees. 

Most courts want to make sure that assets are protected and debts paid during the divorce process.  Most people's biggest asset is their home.  The courts don't want the home to go into foreclosure.  Therefore, a spouse could be ordered to make the payments during the divorce process.

The FINAL DECREE OF DIVORCE settles the property division.  The temporary orders are just "band-aid" orders.  They are not designed to "settle" disputes.  They are designed to make sure the parties do not end up homeless or unable to afford necessities such as electricity and medication.

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