When you file for divorce, some issues cannot wait for the final judgment. You may need to know who will pay household bills or where your child will stay while the case is pending.
Temporary orders can address these concerns by creating clear rules while the case moves forward.
Issues temporary orders can address
Temporary orders depend on the facts of the case. You may ask the court to address:
- Parenting time and custody: A temporary schedule can set where the child will live, when each parent will spend time with them and how responsibilities will be handled. The court considers the child’s best interests when deciding this.
- Child support: A temporary support order can help cover food, housing, child care, health care and other regular needs. The court may consider each parent’s income, the parenting schedule and the children’s expenses.
- Spousal support: If one spouse depends on the other financially, the court may consider temporary support based on income, needs, ability to pay and the marital standard of living.
- Household bills and housing: Temporary orders may address who pays the mortgage, rent, utilities, insurance or other recurring expenses. In some cases, one spouse may ask to remain in the marital home while the divorce is pending.
- Protection of assets and attorney fees: A spouse may request restraints to prevent the sale, transfer or concealment of marital property. If there is a significant difference in financial resources, one spouse may ask the court to require the other to contribute to attorney fees.
The right request depends on what needs attention first and what facts or records support it.
How to request temporary relief
A spouse requests temporary relief through a formal application to the court. In many cases, this means filing a motion. If the situation is urgent, an order to show cause may be used to ask for faster court action.
The application should explain what you are asking for and why. It may include a certification, proposed order and supporting documents. For financial requests, records may include pay stubs, tax returns, bank statements, mortgage or lease documents, insurance costs and child care expenses.
Clear rules can reduce uncertainty
Temporary orders can help spouses understand their responsibilities while divorce issues remain unresolved. If you need temporary relief during a New Jersey divorce, speaking with a family law attorney can help you determine which requests fit your situation.
