Obtaining A Temporary Order Before The Final Divorce Decree
Once the process of divorce starts, it may take time before everything is finalized. Some issues may not wait until the process is over. For instance, if one spouse needs support for the children, this cannot be stopped until the divorce is finalized. Therefore, a temporary order to address urgent issues that can’t wait has to be prepared. If you plan to divorce in Ontario, you need to get a temporary order to address urgent issues before the final divorce decree is given.
Asking For A Temporary Order
Once a divorce is filed, issues may crop up, and the final divorce may take several months or years before the process winds up. This is common, especially to the contested divorces. But if both divorcing couples agree, they can come up with a temporary agreement without involving the court. If your divorcing partner has moved out of the house, and it seems your expenses will overwhelm you soon, the best thing you can do is to request the court for a temporary order. A judge may issue interim orders dictating how things should be dealt with before the final divorce decree. For any temporary order to be granted, the court must be satisfied with:
- What is being requested, and
- Reasons why a temporary order is being requested. For instance, if you are the spouse staying with children, you may need to move faster to decide on child custody and support or health insurance expenses.
Requirements For A Temporary Order
To ask the judge for a temporary order, you may need to show:
- What you are asking for. You may be required to file a form detailing the request you are making.
- You need a supporting declaration showing that you need financial support as a spouse or for the children.
- Proof of service showing that you have served your spouse with the request form
- If the request is granted, you will be granted a proposed temporary order.
Once you are done with the above, you will be required to attend a court hearing scheduled within days or weeks after the request is made. The judge will review any income statements and other relevant details of your request. You will probably be required to answer some questions or even have witnesses give testimony. Once the judge is convinced that the request for temporary order satisfies the need at hand, your request will be granted. The judge may be reluctant to grant the request if the issues at hand are not time-sensitive. The order is then granted as per the request, or the judge may make some modifications.
How Long Will The Temporary Order Be Effective
Once a temporary order is issued, it stays in effect until another hearing is requested or the divorce is finalized. The request given through temporary orders is not permanent. They are only to keep things moving until the final court decisions’ are made. If you are not sure how to come up with a temporary order, you can request your divorce lawyer for legal guidance.