October 8, 2010

Temporary Orders in Utah Divorce Actions

What is a Temporary Order?

After the divorce petition is filed in a Utah divorce case, the parties must try to work out their property division and child custody issues at least until a final order can be put into place.  If the parties cannot work something out on their own they can ask the court to enter temporary orders to allocate their resources and the custody and visitation rights relating to their children.  The orders last only until final orders are entered through the divorce decree.

How Temporary Orders are Obtained

If you are represented by an able attorney such as those at Utah Divorce Hotline your lawyer will be able to file a motion for temporary orders.  In such a motion your attorney will set forth the facts of your situation and then ask the court based on those facts to award you the property you request and the custody and visitation rights to which you believe you are entitled.

Your spouse through his lawyer or on his own will have an opportunity to respond to your motion for temporary orders (and vice versa if it is your spouse who files the motion for temporary orders) and explain to the court why the court should side with his or her positions.

Once each of the parties has had an opportunity to file their motions and responses, the court will hold a hearing with the parties and their attorneys.  The attorneys will present the cases on behalf of their clients and based on all of the facts and what is fair to the parties and in the best interest of the children the court will decide how the property will be temporarily divided and determine temporary custody and visitation rights.

We Are Aggressive and Fair in the Temporary Orders Phase

Contact the law firm of Utah Divorce Hotline for aggressive but fair representation.  We understand what you are going through as well as what it takes to protect your interests.  We can be reached by phone anytime at 801.618.1331 or by email by clicking here.