Temporary Court Orders
In many situations, the legal process takes months or even years to reach a conclusion. However, when it comes to divorce proceedings and determining important issues such as child custody, child and spousal support, or access to property, these matters often must be decided quickly in the interim. At Martin Heller Potempa & Sheppard, PLLC, our family law lawyers help people throughout the Nashville area and beyond pursue temporary court orders so that their lives can continue as normally as possible while divorce proceedings progress. Our firm is dedicated to ensuring that clients’ needs are met in a timely manner, and we know the importance of reducing their stress as they go through what is often a difficult time.Pursuing Temporary Court Orders in Tennessee
When a couple decides to end a marriage, many factors need immediate attention that may require the involvement of a judge. A spouse can potentially request a temporary order even prior to filing a formal divorce petition, in order to make sure that certain issues are at least temporarily resolved. For instance, a spouse can request a temporary order to:
- Prevent the other spouse from contacting or coming within a certain distance of him or her;
- Put in place custody and visitation arrangements for any minor children;
- Establish payments for child or spousal support;
- Determine which spouse retains possession of vehicles or a family home; or
- Prevent the other spouse from selling or transferring control of valuable assets.
When an individual requests a temporary court order, a hearing will usually be scheduled quickly, within days or possibly weeks. The hearing is often short, so any arguments or requests should be prepared in a detailed manner to make sure the time in court is fully utilized. When it comes to determining a temporary parenting plan, a court may refuse a request, since these hearings may involve just as much time and difficulty as a permanent custody trial. Consulting with a knowledgeable divorce attorney can help optimize results at these types of proceedings.
In requesting a temporary court order, both parties may have already reached an agreement and are filing to formalize such an agreement. For instance, if both parents agree on a temporary parenting plan, a judge may adopt that plan by default, assuming it meets requirements under Tennessee law. If the spouses disagree, these hearings and filings require more extensive evidence and arguments. The terms of a temporary court order will remain effective until it is officially modified by a subsequent order. As a result, these orders can last as long as it takes to finalize a divorce, or sometimes they may be dependent on a court’s availability and schedule.Discuss Your Divorce Proceedings with a Nashville Lawyer
The initial stages of divorce proceedings can be a challenging and emotional time. Making sure you and your family are properly cared for as soon as possible should be your primary objective. The divorce attorneys at Martin Heller Potempa & Sheppard, PLLC, can guide Nashville residents and others through these complex matters. Our firm also offers dedicated representation to individuals throughout Davidson and Williamson Counties, including in Franklin, Sylvan Park, Brentwood, and Cool Springs. To set up a free consultation, contact us online or call us at 615-800-7096.