Wednesday, January 2, 2013

How to Divorce -- Temporary Orders



             Often in a divorce immediate relief is necessary.  This relief may include requests for restraining orders, temporary support, control of assets, custody and visitation orders, the right to exclusive possession of a home, and/or attorney’s fees.  In such cases, your can file a motion for temporary orders concurrently with the initial petition or the response.  Most hearings for temporary orders are set within 30 days from when the motion is filed.   

            The need for support is one of the most common reasons for a temporary hearing.  Utah requires that an Affidavit of Financial Declaration be submitted with the motion for temporary order for support.  This will require gathering financial information and supporting documents regarding your assets, monthly expenditures and monthly income.  A form child support worksheet that will also be submitted to the court, if child support is being sought.  At the temporary support hearing, each spouse presents evidence of his or her needs, obligations, and expenses. The court will then make recommendations for temporary orders.  The orders are temporary and remain in effect until modified by agreement, the court, or until the case is finalized.



            It is thus important to prove facts about the parties’ income at this early stage.  Therefore, you should preserve and deliver to your attorney such things as pay stubs and tax returns so that they may have as complete a financial picture as possible.  

        

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