It is common for litigated divorce proceedings to be long and extensive, and yours may be no different. This is why, sometimes, the New Jersey family court, may find it appropriate to establish a temporary order. Continue reading to learn the purpose of a temporary order and how an experienced Bergen County divorce attorney at McNerney & McAuliffe can help you navigate your case.
What is the purpose of a temporary order in a divorce case?
The average divorce case in the state of New Jersey takes anywhere from 10 to 12 months. This timeline starts on the date on which a divorce petition is filed and ends on the date on which the New Jersey family court finalizes its divorce order. However, if issues arise along the way, or if there is a highly-contested divorce-related term, then your divorce case may easily take more than one year to close.
Therefore, the court may enforce a temporary order on urgent issues that cannot wait the months or years that it takes to dissolve your marriage. Such temporary orders then become part of the final order or are included as attachments. Without further ado, examples of urgent issues that may constitute a temporary order are as follows:
- The court may be responding to accusations of one spouse’s abuse or neglect of a child (i.e., temporary child custody order).
- The court may be responding to child care and household expenses that the non-primary wage earner cannot afford (i.e., temporary support order).
- The court may be responding to divorce attorney fees that the non-primary wage earner cannot afford (i.e., temporary payment order).
- The court may be responding to an argument over the use and possession of the family home (i.e., temporary marital residence order).
What should I do to get this order enforced by the New Jersey family court?
For a temporary order to come about, you and your former spouse must attend a hearing in the presence of the New Jersey family court. If you are petitioning for this order, then you must present evidence as to why it should be granted. And if you are fighting against this order, you must present an argument as to why alternatives should be considered.
Or, you and your former spouse may agree that a temporary order on child custody, support, or otherwise must be established. But you may just disagree on the terms themselves. In this case, you and your former spouse must attend a hearing and ask the court to have the final say on the matter. You may also work together to write the order yourselves and present it at the hearing, but the court may still make changes as it sees fit.
With all these strict conditions to bear in mind, you must not wait too long to retain the services of a skilled Bergen County family law attorney. So please contact McNerney & McAuliffe at your earliest possible convenience.