In divorce and child custody cases, temporary orders are often put in place to address immediate issues that can’t wait until the final judgment is made. These orders provide temporary relief and help to maintain stability during the often turbulent time leading up to a final decision.
At Anderson, Creager & Wittstruck, P.C., L.L.O. in Lincoln, Nebraska, our family law attorney can help you manage this process, making sure that your immediate needs are addressed while working toward a fair and equitable final resolution. We serve clients throughout Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County.
Let’s explore the importance of temporary orders in divorce and custody cases, the process of obtaining them, and how a family law attorney can guide you through this critical stage. If you need legal assistance regarding temporary orders, contact Anderson, Creager & Wittstruck, P.C., L.L.O. today.
What Are Temporary Orders?
Temporary orders are court orders that address urgent matters that must be resolved immediately while the divorce or custody case is ongoing. These orders are designed to provide structure and clarity to both parties, making sure that essential issues, such as financial support and child custody, are handled before a final resolution is reached.
Temporary orders can be requested by either party during the divorce or custody process and are often implemented when immediate decisions are needed, such as in the case of a child’s well-being or financial obligations.
Temporary orders can include:
Child custody arrangements: Determining where the children will live and the visitation schedule.
Child support: Setting temporary child support payments while the case is pending.
Spousal support: Providing temporary spousal maintenance, if applicable.
Property division: Addressing temporary use of property or living arrangements.
Use of vehicles or financial accounts: Making sure that both parties have access to necessary financial resources or vehicles during the case.
These orders can be modified if circumstances change during the divorce or custody case, and they’re typically temporary until a final hearing and order are made.
As the process moves forward, the need for these temporary orders may evolve. Now that we understand the nature of temporary orders, let’s look deeper into the situations where they’re most commonly used in Nebraska family law cases.
When Are Temporary Orders Necessary?
Temporary orders are particularly important in divorce and custody cases, as they help to maintain order and address immediate concerns. In many cases, one or both parties may have immediate needs that need to be resolved while the case progresses toward a final hearing. Common situations where temporary orders are necessary include:
Emergency situations: When there's immediate concern for the safety or well-being of children or spouses.
Financial needs: If one party requires temporary spousal support or child support to cover living expenses during the divorce process.
Living arrangements: When both parties can’t agree on who will remain in the family home or how to divide the household responsibilities.
Custody disputes: When there's disagreement over temporary child custody arrangements or visitation schedules.
Without these orders, parties may be left in limbo, unsure of how to proceed with day-to-day life. Temporary orders help to provide structure during an inherently chaotic time.
As we move forward in understanding how temporary orders are implemented, it’s essential to consider how they’re obtained.
How to Obtain Temporary Orders in Nebraska
In Nebraska, a party must formally request temporary orders by filing a motion with the court, usually with the help of a family law attorney. This motion will include a written request for the specific orders needed, whether it be related to child custody, child support, or spousal support.
A judge will then review the motion, and a hearing may be scheduled to discuss the issues raised.
The court will typically require both parties to present their case, providing evidence supporting their requests. This may include financial documents, affidavits, and testimony regarding the situation. It’s essential to have strong evidence when requesting temporary orders, as the judge will base their decision on the facts presented.
Temporary orders can also be issued without a formal hearing if both parties agree on the terms. This is often done when both parties are in agreement and wish to avoid the time and expense of a court hearing. However, if a dispute arises, a hearing will be scheduled, and the judge will make a ruling.
As you can see, obtaining temporary orders is a legal process that requires careful preparation and presentation. Now that we understand the process, let’s explore how long temporary orders last and when they may be modified.
Duration and Modification of Temporary Orders
Temporary orders aren't permanent and typically last only until the case reaches its final resolution. This can take anywhere from a few months to over a year, depending on the details of the case and the court’s schedule. These orders are meant to be short-term solutions to address immediate needs, and they often change as the case progresses.
In many cases, temporary orders can be modified before the final judgment is made. For example, if one party’s financial circumstances change, the court may modify the amount of temporary child support or spousal support. Similarly, temporary custody arrangements may be altered if the child’s well-being or living situation changes.
It’s important to note that any modifications to temporary orders must be approved by the court. If both parties agree to the modification, it may be approved without a hearing. However, if there's disagreement, a hearing may be necessary to present evidence and arguments supporting the proposed changes.
As temporary orders aren’t final, they can sometimes cause frustration for the parties involved. However, these orders are essential for providing stability during the divorce or custody case and should be seen as a necessary part of the legal process.
Common Issues Addressed in Temporary Orders
Temporary orders can cover a wide range of issues, depending on the specifics of the case. Some of the most common issues addressed in temporary orders include:
Child custody and visitation: Temporary orders may establish who will have primary custody of the children and when the non-custodial parent will have visitation rights.
Child support: Temporary child support orders are often issued to assure that the custodial parent receives financial assistance for the children during the case.
Spousal support: Temporary spousal support may be ordered if one party is financially dependent on the other.
Living arrangements: Temporary orders may include provisions for who will live in the family home or arrangements for living separately.
Access to financial resources: Temporary orders may address who has access to bank accounts, vehicles, or other financial resources during the case.
Each divorce and custody case is unique, and the issues addressed in temporary orders will vary depending on the specific needs of the parties involved.
Reach Out to Secure Stability With a Family Law Attorney
Temporary orders are a critical aspect of divorce and child custody cases. They provide immediate solutions for essential matters such as child custody, financial support, and living arrangements.
These orders help to create stability during an otherwise tumultuous time, giving both parties the structure they need to move forward. However, the process of obtaining and modifying temporary orders can be complicated, and it’s important to have experienced legal counsel by your side.
If you’re in need of temporary orders in your divorce or custody case, consider consulting with our family law attorney at Anderson, Creager & Wittstruck, P.C., L.L.O. today to assure that your case is handled properly. We’re proud to serve clients throughout Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County.
A skilled family law attorney can help you manage the process, making sure that your interests are represented and that you understand your rights. Contact us at Anderson, Creager & Wittstruck, P.C., L.L.O. today.
