Any time a new divorce or child custody case is filed any of the parties can ask the court to enter temporary orders which govern the responsibilities of the parties while they wait for trial. Since many contested matters may take six months or more to reach trial– and some more than a year– it may be very important to get some of the ground rules established while you wait.
The issues that may be heard at the temporary order stage are issues relating to payments of debts, possession of property, child custody and visitation, and even child support or alimony. For example, when a family splits up and a divorce is filed, the mortgage still needs to be paid, the credit card bills still come in the mail, and the kids need to know where they are going to be on the weekend. The temporary order is a chance for the parties to appear before the judge, usually within 30 days, and request temporary orders while they wait.
The judge generally conducts a brief hearing (15-30 minutes) to determine the issues. The judge will then set some rules in place. This hearing is probably one of the most important events in the course of the litigation, because it sets the rules for how the parties have to live until they get to trial. Also it is immune from appellate review, which means the trial judge can enter almost any order without being second guessed. This may mean that a hefty alimony award can completely cripple one of the spouses, and no change may be forthcoming until a trial date– that the other side is not seriously interested in setting quickly.
The Temporary Order can be modified at any time by the same judge that enters them, but most judges think they got it right the first time. Further, the Temporary Order disappears after the final order is entered. However, they are a very important part of the pretrial process and one that we devote a great deal of time and effort to getting right the first time. Because it can be a long wait until trial when the temporary order does not go your way.
Social Networking & Divorce Cases
My mother always said never write anything down or take a picture of anything that I didn’t want someone else to see. What I have found in my practice is that you should also ask yourself whether anything that you every write down or take pictures of would make you look like a responsible parent or person who is competent with your finances when it is shown to the judge.
Although it may be fun to take a picture of that tower of beer cans you and your buddies built after your Super Bowl party, or a raunchy picture from that crazy night out with the girls at the bachelorette party, I can assure you under the florescent courtroom lights it never makes you look good.
If you are a mom or a dad, or a person who prides yourself on responsible, adult behavior you should show yourself in this light in your local community and your online community. Be careful about your image.
Also it is not just the raunchy and raucous behavior that can bite you in court. Just think about the case of a myspace user who put his salary on his page. A modest contractor, he wanted to impress his friends and acquaintances, so he claims to make $ 250,000.00 a year, when in fact he makes far less. This may impress his audience, but it also tips off his ex-wife who in a child support proceeding is suddenly showing the judge that he claims to make a quarter of a million a year. Not the best move.
Be careful what you put online, because it just might end up in court.