In our last blog post, we touched upon the concept of temporary orders in a divorce. We know that the idea of temporary orders can bring up some confusion and a lot of questions. You may be wondering what a temporary order is, when it is appropriate, and what a temporary order hearing looks like.
At Self & Spurgeon Legal Group in Oklahoma City, our dedicated team of divorce lawyers are experienced in all areas of the divorce process including temporary order hearings. We make sure to guide our clients through every step of the divorce so that you will always know what to expect.
Recap: Automatic Temporary Injunction
As we’ve discussed previously, once a divorce petition is served in Oklahoma, an Automatic Temporary Injunction comes into effect. The purpose of this is to protect both parties in the divorce by prohibiting inappropriate actions regarding finances, debts, properties, and more. It also requires each party to exchange certain documents within 30 days of being served.
While the Automatic Temporary Injunction is meant to protect both parties in a divorce, sometimes there are additional issues that need to be addressed. This is when a temporary order may be necessary.
The purpose of a temporary order
You might then wonder, what purpose does a temporary order fulfill? After filing a petition for divorce, a temporary order can be used early in a divorce proceeding to address certain issues that can’t wait until the divorce is finalized. A temporary order may address issues regarding child support, child custody and visitation, property possession, and more. The purpose of the temporary order is to prevent continuous arguments about these issues and provide as much stability for your minor children as possible.
Applying for a temporary order
Once you file a petition for divorce, your spouse will be served with the petition and summons by certified mail, a deputy sheriff, or a private process server. After this, your divorce attorney can apply for a temporary order hearing. If granted, the temporary order would direct your spouse to take certain actions or restrain them from taking certain actions depending on the particular subject.
The temporary order hearing
Once you have filed an application to the court for a temporary order that lists your specific requests you will obtain a hearing date. Your spouse will be served with a notice of a hearing at least five days prior to the hearing that you have requested. Temporary order hearings are typically quicker than hearings relating to longer-term orders. At this hearing, your attorney will instruct the court on facts related to the temporary order request. You will also likely testify regarding your need for the temporary order. Then, the judge will make a ruling on the temporary order that will stay in effect until the divorce is finalized. For temporary orders related to children, the court aims to maintain stability for children and to ensure continued contact with both parents.
Contact Self & Spurgeon Legal Group
Choosing to file for divorce and a temporary order is a difficult decision, and the process that follows can be confusing and intimidating. If you are thinking about filing a petition for divorce and believe that you will need a temporary order, contact our team of divorce lawyers at Self & Spurgeon Legal Group in Oklahoma City. We can help you assess what your divorce case and temporary order hearing will look like and fight for the rights of you and your children. Contact one of our attorneys in OKC today for a free 15-minute consultation.