In high conflict cases, filing for a motion as soon as possible may be beneficial. The benefits of doing so can including, removing a hostile spouse from the family home, receiving necessary spousal support to pay bills, to buy groceries or even accessing funds to cover daycare costs.
A temporary order is a way to preserve rights and offer protections after a divorce case has been filed but before it has been finalized. Temporary orders can dictate how the spouses are to behave; who will pay certain bills, who can drive the car, even who can live in the family home. Temporary orders can also establish temporary spousal support, temporary child support, and a temporary parenting plan. In some cases temporary orders can include a restraining orders. A restraining order can prevent a spouse from spending martial funds as well as preventing certain contact with the other spouse. In order to get a temporary order, one of the spouses will have to file a motion with the court.
In other cases, filing a motion for temporary orders may be a way to established a basis for settlement. Typically, but not always, what is decided in the temporary orders will be the same as the final orders. Thus, this part of the process is important because it sets a precedent for settlement and can have an impact on the remainder of your case.
Keep in mind, filing a motion for temporary orders is a complex, and time consuming task with a number of deadlines and other requirements. Asking an attorney for assistance with this process can be beneficial.