Understanding Temporary Orders During a New York Divorce

Temporary orders play a crucial role in the process of a divorce in New York. When a couple decides to end their marriage, they often face situations that require immediate decisions before the final divorce agreement is reached. Temporary orders help address these issues by setting rules and responsibilities for both parties during this period. These orders provide stability and ensure fairness as both spouses adjust to their new circumstances while awaiting the final divorce decree. Understanding how temporary orders work can help ease the stress and confusion that often accompany divorce proceedings. At, Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. , we are here to guide you through the legal process and help you navigate the complexities of your case.

Richard H. Cole
Partner

Thomas F. Hewner
Partner

Donna L. Haslinger
Partner

Vivian P. Roche'
Partner

Keith R. Rosso
Attorney

Tasha D. Frazie
Attorney

What Are Temporary Orders in a Divorce?

Temporary orders are decisions made by the court that apply only while the divorce process is ongoing. They cover important matters such as child custody, visitation, child support, spousal maintenance, and who will stay in the marital home. These orders are designed to provide a fair structure while both parties work through the details of their divorce. Temporary orders do not decide how things will be permanently resolved; instead, they act as a temporary solution until a final agreement or court decision is made.

In many cases, temporary orders can be requested at the very start of the divorce process. Either spouse can file a motion with the court to request these orders, and the judge will decide based on the facts presented. It is important to know that the process for obtaining temporary orders involves providing evidence, filling out the necessary paperwork, and sometimes attending a court hearing. The decisions made in these temporary orders are based on the judge’s understanding of the best interests of everyone involved, particularly the children if there are any.

How Do Temporary Orders Impact Child Custody?

Child custody is often one of the most emotionally charged issues during a divorce. Temporary orders can determine where the children will live, who will make important decisions about their lives, and how often each parent will see them. Judges focus on what is best for the children when making temporary custody decisions. This means looking at factors such as the children’s routines, their relationships with each parent, and their emotional and physical needs.

In many cases, the parent who has been the primary caregiver may continue to be the main custodian while the divorce is ongoing. The court will also consider whether either parent has a history of neglect or abuse, as the safety and well-being of the children are always the top priority. Temporary custody orders ensure that children have stability during what can be a confusing time for them. These orders can be modified if circumstances change significantly before the final divorce agreement is reached.

Temporary Support for Spouses and Children

Financial stability is another key issue during a divorce. Temporary orders for child support and spousal maintenance help ensure that both parties can meet their basic needs while the divorce is in progress. Temporary child support is designed to provide for the needs of the children, including housing, food, clothing, and education. The amount is based on the income of both parents and the standard of living the children were accustomed to before the divorce.

Temporary spousal maintenance, often referred to as alimony, may be ordered to help a lower-earning spouse cover their expenses during this time. The court considers factors such as the income of both spouses, the length of the marriage, and the financial needs of each party. These payments are not permanent and are only intended to provide support until a final agreement is made.

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Deciding Who Lives in the Marital Home

Another important issue during a divorce is deciding who will stay in the marital home. Temporary orders can address this by granting one spouse the right to remain in the home while the divorce is ongoing. This decision is often based on what is most practical and fair. For example, if children are involved, the parent with temporary custody may be allowed to stay in the home to minimize disruption to the children’s lives.

The court may also consider factors such as which spouse can afford the costs of maintaining the home or whether either spouse has alternative housing options. Temporary orders about the marital home are not permanent and do not affect the division of property in the final divorce settlement. Instead, they provide a temporary solution to avoid conflicts and ensure that both parties have a safe place to live.

How Are Temporary Orders Enforced?

Once temporary orders are issued by the court, both spouses are legally required to follow them. If one spouse violates a temporary order, the other can take legal action to enforce it. For example, if one parent does not follow the visitation schedule or fails to make child support payments, the other parent can file a motion with the court. The court has the authority to take actions such as garnishing wages or even imposing penalties for noncompliance.

It is important to take temporary orders seriously and follow them closely. Disobeying these orders can have serious consequences, including affecting the final outcome of the divorce. If circumstances change and it becomes difficult to comply with a temporary order, it is possible to request a modification. This requires filing a motion with the court and showing evidence of the change in circumstances.

The Role of Attorneys in Temporary Orders

Navigating the process of obtaining and following temporary orders can be challenging. Having an attorney can make a significant difference by helping you understand your rights and responsibilities. Attorneys can assist with filing motions, gathering evidence, and presenting your case to the court. They can also help ensure that the temporary orders are fair and reflect your needs and the best interests of your children.

If disagreements arise during the process, an attorney can advocate on your behalf to resolve conflicts and protect your interests. Temporary orders are an important part of the divorce process, and having legal representation can provide guidance and support during this time.

Preparing for the Final Divorce Agreement

Temporary orders are only meant to provide solutions during the divorce process. Once the final divorce agreement is reached, these orders are replaced by permanent decisions about custody, support, and property division. It is important to keep in mind that the final agreement may differ from the temporary orders, as the court considers additional evidence and information before making final decisions.

During this time, both spouses have the opportunity to negotiate and work toward a resolution that works for everyone involved. Temporary orders can provide a framework for discussions and help identify what is most important to each party. By understanding and respecting temporary orders, you can help set the stage for a smoother transition to a final agreement.

If you are facing a divorce and need help with temporary orders or other aspects of the process, the team at Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. is here to support you. With our guidance, you can navigate this challenging time with confidence and focus on building a better future.