Once the Divorce case is filed, either party can ask the Court through written pleadings for certain relief on a temporary basis. The Court’s relief is set forth in a “Temporary Order” and lasts until the parties settle the case on a permanent basis or the case is decided at trial. A request for Temporary relief is optional. Sometimes, it makes sense for a spouse to ask the Court for temporary relief because parenting time may be at issue or one of the parties may have moved out of the marital home and the other spouse needs financial support (in either the form of child support or spousal maintenance) to meet the basic monthly obligations. Another important consideration at the Temporary Hearing is to ask for the involvement of other professionals. In a Divorce case, where custody may be an issue, the Court may Order a custody evaluation. In a case where one of the parties is operating a business, the Court may Order a business valuation. Depending upon the particular County, there are also other avenues which are used by the Court to settle a proceeding on either a temporary or permanent basis. The Court may Order the parties to engage in mediation or to go through a social early neutral evaluation or a financial early neutral evaluation.
By Farhan Hassan
August 23, 2010
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