Either of the parties in a Muskogee, Oklahoma divorce case may petition the court for a temporary order regarding issues that cannot wait until a divorce order is granted.
The separating couple or their lawyers are given time to agree on what should be done about such matters.
However, if the parties cannot agree, the issue is determined by a judge.
What is the Temporary Order Process?
For a temporary order to be granted, the related matter does not require go a full hearing. The party requesting the temporary order must come to court knowing what they want and present it before the judge in just a few minutes.
The other side is allowed to submit their objection or acceptance of the request before the court. If the parties do not agree even after the court gives them some time, the judge gives his ruling on the matter based on the facts presented to him.
The hearing for a temporary order request is usually less formal than the full divorce trial. The judge can listen to the presented facts in his chambers or request written submissions. The court, however, cannot issue temporary orders until five days’ notice of hearing is given to the other side.
What Can a Temporary Order Cover?
Even though temporary orders are not divorce decrees, they can influence the final settlement.
A temporary order can be requested regarding any of the following issues:
- Child support, custody, or visitation.
- A dependent spouse can seek spousal maintenance.
- A dependent spouse may also seek a temporary order regarding the payment of attorney’s fees.
- Who will be responsible for payment of debts that cannot wait until the issuance of a divorce decree.
- The possession of marital property such as the family car.
- Who lives in the family home.
- Provision of other injunctive relief that is proper under the circumstances.
The party seeking a temporary order must serve the other side the application and notice of hearing in a manner prescribed by the law. Facts backed by evidence must be presented in court when seeking temporary orders.
Temporary orders are not insignificant in an Oklahoma divorce, since the proceedings can last for years. The orders remain in effect as long as a final divorce order (a.k.a. decree) has not been issued.
Though it may seem easy to get a temporary order, it is not something quickly done by one who is not trained. An experienced divorce lawyer in Muskogee, OK can be very helpful in getting temporary orders granted instead of trying to do it alone. You will need a lawyer if you and your spouse are rather angry with each other and are determined to fight everything out.
Confidential Consultation: Muskogee Divorce Attorney
Are you considering presenting a request for a temporary order or wondering how to respond to what your partner has requested? You need expert advice on what to do and how best to handle the issues you will face now that your Oklahoma divorce proceedings have commenced in court.
Talk to our attorney today. Call (918) 913-0725 or toll-free at 1 (888) 447-7262 (Wirth Law) to speak with a lawyer right away.
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