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Temporary Orders
Temporary Orders dictate how matters will be handled during divorce proceedings, such as Temporary Spousal Support and, in some cases, payment of attorneys fees. Both spouses must abide by these orders until they are changed or the case is resolved. If either spouse is found to be noncompliant with these orders, they may be held in contempt of court.
Temporary orders usually dictate the following matters during divorce proceedings:
- Which spouse will occupy the primary residence and which must live elsewhere?
- Will the primary residence be put up for sale, and if so, what sale conditions will be placed on it?
- How will the available cash reserves be split?
- Which spouse will be in charge of operating a jointly owned company?
- Which spouse will remain in charge of shared investments?
- How will Child Related Issues, both be handled, both financially and logistically?
- What credit protections will each spouse have while the divorce case is ongoing?
- How will bills be paid?
The court typically issues Temporary Orders in one of two ways. The preferred method is done through stipulation, wherein the spouses attorneys reach a mutually acceptable agreement on their behalf, and it is then made legally binding by the court. While preferable, stipulation is not the means by which the majority of Temporary Orders are reached.
The other more commonly used method starts with one party s attorney drafting a motion to establish Temporary Orders. The other party's attorney will typically file an opposition, setting forth differing positions as to how temporary matters should be resolved. A court hearing is held where each party's attorney is afforded the opportunity to argue the issues on their client's behalf. The judge will then make a ruling.
Our Las Vegas divorce attorneys have extensive experience in motion practice in front of the Clark County Family Court judges.
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