Tuesday, January 29, 2013

Temporary Orders

As you have probably guessed by now, a divorce isn't a quick matter. It will take a minimum of 60 days and could take many months more. In the meantime, bills need to be paid, food needs to purchased and your car needs gas. If the primary source of income left with your soon to be ex you may need temporary support. If the kids left with your soon to be ex you may need a temporary custody order. There may be other issues that need a band-aid resolution until you can get it settled completely as part of the final divorce.

To start the process of getting temporary orders you need to file a motion for temporary orders, following Arizona Rules of Family Law Procedure Rule 47. Rule 47 tells you specifically what needs to be in the motion depending on what relief you need.

If you are seeking monetary support from your spouse you will need to prepare an Affidavit of Financial Information. See my earlier post on this form for tips and guidance on preparing this document.

If you know that when you file and start divorce proceedings you are going to need some type of temporary orders it is advisable to prepare your motion for temporary orders along with your petition for dissolution of marriage. When you file and serve your petition for dissolution of marriage your motion for temporary orders will be served. You will also already have a hearing date. This is the most efficient way to go because it guarantees you a fast hearing date.


And remember...

While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.