Most couples in the middle of a divorce are not living together under the same roof. This means there are matters that need to be addressed temporarily until they are legally finalized in the divorce settlement, particularly where finances and children are concerned. Interim orders, also known as temporary orders, are arguments heard and decided quickly in family court to ensure everyone’s needs are met as the Michigan divorce makes its way to the end.
What Falls Under the Interim Orders Umbrella?
Interim orders cover pressing issues that can’t wait until the end of a divorce to be decided. Either party in the divorce can ask the court to temporarily make a ruling on urgent matters, including:
- Spousal support: When a divorcing couple lives apart, the maintenance of separate households is costly – rent/mortgage, bills, groceries, and more for two households. In Michigan, the lower-earning or non-earning spouse can request spousal support to maintain their typical standard of living while their divorce plays out.
- Child custody and parenting time: You and your soon-to-be ex may agree on who will have the children most of the time and when the kids will switch between homes, but a verbal agreement is very different than a legal ruling. To protect your kids from more instability than necessary and ensure that both parents carry their fair share of the parenting load, an interim order regarding child custody or parenting time establishes where the kids should live and how much time each parent has with their children.
- Child support: Kids’ needs never stop. Clothes, shoes, food, school activities, medical care – one parent alone is not obligated to manage all these expenses. The parent awarded primary custody during the divorce can file an interim order for child support so they have financial support from their former partner to ensure their children have everything they need.
- Assets: Most couples have valuable assets between them, from a home to vehicles. An interim order prevents either spouse from selling any of these assets, but the order also allows one spouse to give the other person possession of the family home, car, or other significant asset.
The Security of Interim Orders
There are times when family matters must be decided quickly and a request for an interim order is usually scheduled quickly, often within days. Though many divorcing couples may believe they are capable of amicably working their way through their divorce and make choices in the best interests of their kids, feelings can change on a dime.
Interim orders offer a sense of security during a time of flux, ensuring that finances are not depleted, kids are not wanting, and life will carry on as usual even though the marriage is ending. It’s a relief to have a binding legal order that says you or your ex must fulfill certain obligations no matter what.
Interim orders operate on a case-by-case basis and the court will consider a range of factors to determine custody or support or other matters. A Michigan divorce attorney from Femminineo Attorneys will guide you through filing the correct paperwork for a temporary order. Contact us today to schedule a consultation.