Divorces take considerable time to complete, with some proceedings lasting for six months or more from complaint to final decree., Temporary decisions by the Court on matters that affect the daily lives of the spouses involved create stability for those families while the case is pending. For the time when the divorce is filed, to final determination, the Court has the power to allocate parental rights and responsibilities, temporary possession of the marital home, an award of temporary child and spousal support, and various other matters that concern these spouses as they work toward termination of their marriage.. These types of orders last only until the issuance of the final decree of divorce, when the final order replaces all temporary orders.
What is a Temporary Order?
Also referred to as “interim orders,” temporary orders allow a court to make an immediate decision during divorce proceedings on the issues that must be decided before the final judgment is rendered. They are meant to provide a stopgap solution for urgent and pressing matters such providing care for any children of the marriage, including parenting time, child support, spousal support and other similar financial arrangements, such as health care expenses, insurance extracurricular expenses. Furthermore, many courts issue automatic temporary orders, often referred to as “restraining orders,” when a divorce case is filed. These restraining orders often include language that provides for continuing health and car insurances, prohibiting parents from moving a child’s residence out of the jurisdiction, as well as prohibiting either spouse from dissipating, selling, or giving away, marital assets.
Even though temporary orders cease once the final decree is issued, they are still legally binding upon both parties and remain in effect throughout the entire divorce process. They are not meant to influence the outcome of the case, and provide a crucial framework to bridge the gap between the start and end points of the entire process. While designed to terminate, the parties can incorporate the temporary orders into their final order if they agree or upon the court’s final ruling following trial.
Types of Temporary Orders in Divorce and Dissolution Proceedings
There are different types of temporary orders that can be put into place, depending on the specific issues in the case. Once a divorce action is filed, if restraining orders are issued, those orders prevent both spouses from transferring, concealing, or disposing of marital assets until a decision is rendered concerning how the property should be divided. Other temporary orders in an Ohio divorce or dissolution must be specifically requested.
In Ohio, temporary orders have the power to determine the following:
- Allocation of parental rights and responsibilities — If you have minor children with your spouse, this temporary order will specify parenting responsibilities for both parents, including parenting time for ordinary weeks, breaks from school, vacations, and holidays, and decision-making authority on a temporary basis.
- Child support — This temporary order addresses the financial needs of the children when parents no longer live together, including responsibility of carrying healthcare insurance and payment of those expenses not covered by insurance.
- Spousal support — Some Ohio Courts, as courts of equity, prefer equalizing marital incomes between the spouses, especially if one spouse was economically dependent upon the other during the marriage. A judge or magistrate may issue an order that the higher earning spouse pay “pendente lite” spousal support in order to help the lower-earning spouse cover individual independent living expenses during the divorce proceedings.
- Possession of the marital home — The Court has the power to grant one spouse exclusive possession of the marital home during a divorce action. This is especially true if there had been a finding of domestic violence or a determination that making one party leave the home would be in the best interests of the children involved. In some Ohio counties, local court policy dictates one spouse must leave the residence during the divorce process, which forces the issue during hearings or rulings on temporary motions.
- Financial responsibility for marital debts and expenses — A judge or magistrate may issue a temporary order that allocates responsibility for household expenses, utilities, credit card bills, mortgage payments, vehicle payments, and similar ongoing expenses. This is often done in a way to account for spending habits of the married couple before they made the decision to divorce. In some counties, spouses are ordered to deposit earnings into a joint account from which all household expenses are paid, with a small stipend for personal spending.
Although temporary orders are only in place until the divorce action has been finalized, they are still enforceable in court. These orders have the full weight and authority of the issuing Court. If either spouse violates any temporary orders issued, the aggrieved spouse may file a “motion to show cause” or “motion for contempt”. This motion serves as both carrot and stick in the process. Should a court find that a party violated a temporary order,it can penalize the offender by ordering payment of the other spouse’s attorney fees or other similar monetary compensation. Courts may also impose jail time, although this is typically reserved for more heinous violations..
How Do You Obtain a Temporary Order in Ohio?
After a divorce action has been filed, either party can request a motion for temporary orders. The Motion for Temporary Orders is filed with the court and served on the other spouse before the hearing date. In some cases, a judge or magistrate may grant a request for temporary orders based solely on the written and filed request, supported by appropriate affidavits. And in other situations, a fact-finder will hold a hearing to review the request. When that happens, the hearing officer will listen to the arguments of both parties, and then render a decision, often after considering documentation presented, and making a determination of what is believed to be fair in these circumstances.
For individuals who have hired counsel, when such a hearing occurs, they will still need to attend. This is because, on occasion, the fact-finder asks questions of the parties to improve their understanding of the circumstances that necessitated the motion. These motions are not rare events, and the officers of the court are well-versed in making determinations designed to ease some of the struggles that frequently plague couples as they actively work to divide their combined lives, or otherwise part ways from each other. By utilizing this temporary orders tool, divorcing spouses can receive clarity regarding which one of them is expected to pay an upcoming bill, or who is responsible for taking the children to their events, how to file tax returns while the divorce is pending, or even which realtor they are to hire for listing their home for sale.
Contact Experienced Ohio Divorce and Family Law Attorneys
If you are facing a divorce or dissolution, a skillful attorney can establish temporary orders for you to address your needs and protect your interests before final judgment is issued. The lawyers at Melissa Graham-Hurd and Associates commit to providing trusted representation you can count on for a wide range of divorce and family law matters. From our office in Green, we work with clients in Summit and Stark Counties, Ohio. Schedule a consultation today to learn more about how we can help.
