Summary in Divorce
Very often in divorce, one party asks the court to act on a temporary basis until the spouses can settle an issue. For example, courts sometimes order alimony pendente lite when the wife -- requires support during the proceeding and before a property settlement can be negotiated. Alimony pendente -- often called "temporary alimony" -- is used to bridge this gap.
Stay-at-home mothers whose contributions to the marriage have not been economic are often in a position to argue for court-ordered spousal and child support, at least on a temporary basis, because their contributions to the marriage are not economic and they may find themselves at a real disadvantage entering the work force. The court, therefore, orders support payments at a interlocutory hearing, which are provisional and result in pretrial orders. In divorce actions, one spouse, usually the wife, may appeal for pendente lite relief or temporary child support, pending the course of the marital dissolution. Temporary orders also take the form of injunctions, court orders preventing someone from doing a particular act likely to cause physical, mental injury or property loss to the appealing party. Temporary injunctions can be particularly important in cases where one spouse controls a business, manages substantial investments, and therefore is in an advantageous position to hide or dissipate assets. In divorce actions, property-related injunctions, which, for example restrict the sale or transfer of property, are common. Injunctions are court orders that are often issued ex parte, which means without notice to the recipient, because notice would give the party the opportunity to evade the very purpose of the injunction. Sometimes called "preliminary injunctions," "temporary restraining orders," or "stays," these court orders cannot be arbitrarily made because they are controlled by statute and generally require that the mover "demonstrate an imminent threat of irreparable harm."
Find Divorce Professionals
We have an ever-growing list of divorce professionals that contribute to DivorceDex.com.
To view a list of professionals in your area, please select your state:
ALERT: If you are a divorce professional (attorney, mediator, counselor, financial planner, etc.) generating new clients by joining the directory is easy and free.
#259: If you want to avoid court, work with your spouse to reach and agreement on all your issues. Most divorces do end in settlement, unfortunately sometimes, it takes the reality of a trial to make the spouses realize that the judge's ruling would be too much of a surprise to bare.
QDRO Preparation - QdroDesk™ is an industry proven online service providing an instant, easy, accurate, and affordable method for obtaining Qualified Domestic Relations Orders (QDROs).
Online Divorce - With or without children, 123DivorceMe.com is the fastest, easiest, and most affordable way to file your own uncontested divorce.
Online Parenting Class - Avoid the hassle of completing the mandatory course by taking the "Positive Parenting Through Divorce" class online.