An Orderly Progression To Divorce

Posted on: 20 July 2018

When a couple ends a relationship, it is always an emotional event, but divorce is also a legal act. The true proof of that can come before the divorce is final by way of common orders and rulings by the family court judge in charge of your case. From the moment you first separate and seek support through the courts, you can expect to be both protected and tasked with orders by the judge. Read on to learn about some common orders to expect during the separation and divorce process.

What to understand about orders

These typical orders are listed more-or-less in the order that you might encounter them, but every case is unique and a lot depends on the presence of minor children, financial issues, and the relative level of acrimony between the parties. These orders can begin immediately and will form, with some alterations, the core of what will become the final divorce settlement or decree. All of these orders can be called for by either party and are prompted by either the advice of the divorce lawyer, ordered by the judge or are part of the state-mandated divorce procedure. Speak with a law firm about what to expect in regard to your divorce and orders.

Common family court orders pertaining to separation and divorce

1. Child support can be requested and ordered upon the parties moving to separate residences. Like a lot of these orders, this one can be termed "temporary" but can be moved to permanent status for the final decree if the order is agreeable to the parties.

2. Child custody can be ordered, but this issue is not always resolved during separation. If there is an order for temporary child custody, then an accompanying visitation order may be attached. The agreed upon parenting plan will be in the final decree.

3. Temporary living arrangements can be included that assign one party the family home or other property on a temporary basis. The final property settlement order will assign ownership of all marital property.

4. Spousal support (alimony) can be ordered during the separation and then moved into the final decree.

5. Financial disclosure documents allow for a fair and open accounting of marital assets. The final decree will contain assignments for all marital debts.

6. Qualified domestic relations orders are not a legal part of the divorce but must be accomplished before it is final.

7. Assignment of responsibility for paying the health insurance of a minor child.

The final divorce document

The final decree will contain all orders in their final state, and for the most part, no more orders in connection with the divorce can be accomplished. However, due to the fragile nature of minor children in a divorce situation, the provisions that concern that class can be reopened and altered as needed, along with spousal support. Speak to your lawyer to learn more.