CAN I OBTAIN COURT ORDERS WHEN FILING A PETITION FOR DIVORCE?
June 8, 2020
According to the U.S. Census Bureau, the divorce rate in Kansas is 8.6 percent. During divorce proceedings, a spouse may need to request a temporary court order for a specific reason to remain in effect until the divorce is finalized. Reasons for obtaining a temporary court order include issues relating to child custody, child support, spousal support, a parenting time schedule, a restraining order, and the use and possession of the marital home. A temporary court order is meant to ensure that both spouses follow the law, treat each other fairly, and adhere to court mandates throughout the proceedings.
A temporary court order remains in full force and effect until either an agreement of the parties is reached or until further order of the court. Such orders allow a couple to address immediate issues before a formal divorce settlement is agreed upon and approved by the court. They also help both parties navigate unclear matters while the dissolution of marriage is in progress.
TYPES OF COURT ORDERS DURING A DIVORCE
There are several types of temporary court orders an individual may wish to pursue when filing a petition for divorce including:
CHILD CUSTODY ORDER
A temporary child custody order is issued when the court approves the proposed temporary orders. Once a judge approves the temporary orders, they become an official court order that both parties are legally obligated to follow. A child custody order outlines the guidelines of child custody and parenting time rights of each parent during the divorce.
In Kansas, both parents are expected to contribute financially to their children. Since divorce proceedings are often not finalized for months, a court may order that a parent provide financial support to ensure the well-being of the child. A parent who does not follow the court order may face sanctions including a contempt of court citation and an award of attorney fees against them.
Similar to child support, a temporary spousal support court order requires one spouse to financially contribute to the support of the other spouse during the divorce proceedings. How much support is awarded depends on the payor's ability to pay and the needs of the recipient. A temporary court order may limit any unfair economic effects of the divorce on a spouse. Local guidelines provide assistance in determining what amount of spousal support is appropriate.
If a spouse can demonstrate that the other spouse is violent, acting unfairly, or endangers the household, they may request a temporary restraining order against the offending party. The order temporarily prohibits a person from taking specified actions against the other person. Standardized restraining orders prohibit both parties from liquidating or disposing of the assets of the parties so that the status quo is maintained.
WHY IS A COURT ORDER BENEFICIAL?
There are several reasons why a temporary court order can be beneficial during a divorce proceeding, including:
A judge can issue a temporary court order quickly to handle an impending issue.
An order allows a spouse to implement a parenting plan until both parties agree otherwise.
An order provides a non-working spouse with financial assistance until they can get on their feet.
Court orders are legally binding, ensuring that both parties follow the guidelines.
Orders ensure that each part is treated fairly.
A court order can keep disputes from getting out of hand.
PROCESS FOR OBTAINING A COURT ORDER IN KANSAS
To obtain a temporary court order, a spouse must first file a petition for divorce and a motion for a temporary order. The motion must specify why they are requesting a temporary order and provide supporting facts. It may also be necessary to fill out additional paperwork, depending on the circumstances of the request such as a financial affidavit and a child support worksheet if support orders are being requested.
Also, if a party is asking for a child custody order, they need to also file a proposed temporary parenting plan stating what type of custody and what parenting time schedule they are requesting. A divorce lawyer in Overland Park, Kansas can help gather documents and file these documents, making the process much easier.
GET HELP FROM A KANSAS DIVORCE LAWYER IN OVERLAND PARK, KANSAS
Jeffers Law Office provides comprehensive legal services for clients in all types of divorce cases, including post-divorce motions. Contact the Jeffers Law Office for a free initial telephone consultation and to discuss legal services from an experienced divorce lawyer in Overland Park, Kansas. The firm also serves clients in Leawood, Olathe, Shawnee, Lenexa, Westwood Hills, Merriam, Mission, Mission Hills, Prairie Village, Wyandotte County, Leavenworth County, and Miami County, Kansas.