When a marriage comes to an end, the process of divorce can be difficult and emotional for everyone involved. It is often hard to know what steps will come next and what to expect as you navigate through the legal aspects of separation. Two important topics that arise early in the divorce process are temporary orders and equitable distribution. These terms may sound confusing, but they play a key role in how your life and your financial matters will be handled during and after your divorce. At, Jean M. Mahserjian, Esq., P.C , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Temporary Orders
Temporary orders are court-issued decisions that go into effect while the divorce is ongoing. Since the divorce process can take time, the court will often step in to make sure that certain issues are addressed before the final divorce settlement is reached. These temporary orders cover important matters that need to be taken care of while the divorce is being worked out.
Some of the issues that may be addressed by temporary orders include child custody, child support, spousal support, and the use of marital property. For example, if one spouse needs to move out of the family home, a temporary order might decide which spouse will live in the house while the divorce is pending. If children are involved, temporary orders can set the terms for where the children will live and how often they will see each parent.
Temporary orders are not the final decisions in a divorce case. They are meant to serve as short-term solutions that help maintain stability until the divorce is finalized. These orders can be modified if circumstances change, but they remain in place until the court makes a permanent decision or until both spouses come to an agreement.
How Temporary Orders Affect Child Custody
When parents decide to divorce, one of the most important questions is who will take care of the children. Temporary orders can set up a plan that allows both parents to continue being a part of their children’s lives while the divorce process is still underway. These orders will outline which parent the children will live with, as well as how much time the other parent will spend with them.
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The goal of temporary child custody orders is to ensure that the children’s needs are met during a time of transition. The court will often consider what is in the best interest of the children when making these decisions. The temporary arrangement may eventually influence the final custody arrangement, but it is not set in stone.
If either parent feels that the temporary custody order is unfair or if circumstances change, it is possible to go back to court and request a modification. However, it is important to follow the temporary order as closely as possible until the court issues a new order.
Temporary Financial Support
Divorce can bring about a lot of financial uncertainty. Temporary orders often include provisions for spousal support (also known as alimony) and child support. These payments are meant to provide financial assistance to the spouse or children in need while the divorce proceedings are still ongoing.
Temporary spousal support is designed to help a spouse who may not have a steady income or who needs financial help during the separation. It allows them to maintain a standard of living similar to what they had during the marriage. Temporary child support helps cover the expenses of raising children, such as food, clothing, and education. The amount of support is typically calculated based on the income of both parents and the needs of the children.
These support payments are not permanent. They are temporary measures that last until a final divorce settlement is reached. Once the divorce is finalized, the court will reassess the situation and decide on a permanent solution for spousal and child support.
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The Basics of Equitable Distribution
In addition to temporary orders, another important aspect of divorce is the equitable distribution of marital property. Equitable distribution refers to how the court divides the assets and debts that a couple has accumulated during their marriage. It is important to understand that “equitable” does not necessarily mean equal. Instead, it means that the court will divide the property in a way that is fair based on each spouse’s circumstances.
The court looks at several factors when deciding how to divide marital property. Some of these factors include the length of the marriage, the income and property of each spouse, and the contributions each spouse made to the marriage. The court also considers each spouse’s future financial needs, such as whether one spouse will need more financial support due to limited earning potential.
Marital property includes things like houses, cars, bank accounts, and retirement funds that were acquired during the marriage. It can also include debts, such as mortgages and credit card balances. Property that was owned by one spouse before the marriage or inherited by one spouse is generally not considered marital property and is not subject to equitable distribution.
How Equitable Distribution Is Determined
The process of equitable distribution starts with identifying and valuing all marital assets. This step is important because it helps the court understand the total value of the marital estate. Once the property is valued, the court will decide how to divide it fairly between the spouses.
In some cases, the court may award one spouse a larger share of the marital property if they contributed more financially or if they have a greater need for support. For example, if one spouse stayed home to care for the children while the other spouse worked, the court might award a larger portion of the marital assets to the spouse who stayed home to ensure they are financially secure.
It is also possible for the spouses to agree on how they want to divide their property without going to court. If both spouses can come to an agreement, they can present their plan to the court for approval. This can often be a quicker and less stressful way to handle the division of property.
The Role of Debts in Equitable Distribution
Just as marital assets are subject to equitable distribution, so too are marital debts. Any debts that were incurred during the marriage, such as credit card balances or loans, will need to be divided between the spouses. The court will look at factors like who incurred the debt and who benefited from it when deciding how to divide it.
In some cases, the court may assign responsibility for a debt to the spouse who is better able to pay it. For example, if one spouse earns significantly more than the other, the court may assign them a larger share of the marital debt. However, the goal is to divide the debt in a way that is fair to both spouses.
What Happens After the Final Divorce Settlement
Once the final divorce settlement is reached, the temporary orders will no longer be in effect. The court will issue permanent decisions regarding child custody, spousal support, child support, and the division of property. These final decisions will replace the temporary orders that were in place during the divorce process.
It is important to remember that the final settlement is legally binding. Both spouses must follow the terms of the settlement, including making any required payments or dividing property as outlined in the court’s order. If either spouse fails to comply with the settlement, the other spouse can return to court to seek enforcement.
In some cases, it is possible to modify the final settlement if circumstances change significantly. For example, if one spouse loses their job or if the needs of the children change, the court may agree to modify the custody arrangement or support payments. However, modifications are only granted in certain situations, and the court will carefully consider whether the changes are necessary.
Going through a divorce is never easy, but understanding temporary orders and equitable distribution can help you feel more prepared for the process. Knowing what to expect can make it easier to plan for your future and ensure that your rights are protected.
If you are facing a divorce and have questions about temporary orders or equitable distribution, it is important to seek legal guidance. Mahserjian & Mahserjian-Ortiz, PLLC has experience in helping individuals navigate the divorce process and understand their options. Reach out to us today to schedule a consultation and learn how we can assist you in securing a fair and just outcome for your case.
