Lynch & Owens Divorce Series: Step 6 – Motions for Temporary Orders

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Lynch & Owens Divorce Series: Step 6 – Motions for Temporary Orders

Divorce Series

Massachusetts divorce lawyer Josey Lyne Payne reviews Temporary Orders practice in the Massachusetts Probate and Family Court in Step 6 of the Lynch & Owens Divorce Series.

In today’s edition of the Lynch & Owens Divorce Series, I will discuss the process for and importance of Temporary Orders. So, you have filed your Complaint for Divorce, now what? Typically, several months will pass before your case is resolved, but you need to know how you are going to live in the meantime, right? Certainly, if you have children, you need to know where they are going to live; who is going to make decisions regarding their welfare, health and education; what about child support? It is typical that to address these pressing issues your attorney will file Motions for Temporary Orders.

Motion practice in a divorce may very well be one of the most critical steps in your divorce proceeding. This practice is what occurs during the pendency of your divorce action and typically results in temporary orders which detail the “rules of engagement” until a final divorce judgment is reached. The reason these steps are so critical is because a temporary support (child or spousal) or custody order will likely last the duration of your case, which could be more than a year, and perhaps even more importantly may have the effect of setting a precedent in the final resolution of your case.

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You filed a Complaint for Divorce, now what?

Just as no two families are exactly alike, no two cases are exactly alike, either. It is crucial during motion practice that the utmost care be taken to detail the facts and circumstances that you want the judge assigned to your case to rely upon when making a temporary order. Although your order will be temporary, it will likely span many months, and so it has to be feasible for you, your estranged spouse, and your family. Simply put, your family will have to live with the Temporary Order that enters until your divorce is final, and it is often the case that the Temporary Order will act as the model for the permanent judgment (precedent). That said, even though the order is “temporary” it is exceptionally important that it is detailed, doable, and clear – because it may become more permanent. What appears as a short-term solution often morphs into the long-term reality – so think long-term when creating a plan with your attorney and ultimately when pleading and presenting your prayer to the court.

For additional installments of the Lynch & Owens Massachusetts Divorce Series, please visit the main series page.

About the Author: Josey Lyne Payne is a Massachusetts divorce lawyer and Massachusetts family law attorney for Lynch & Owens, located in Hingham, Massachusetts.

Schedule a free consultation with Josey today at (781) 741-5000 or send her an email:

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. You are invited to contact our office. Contacting the office does not create an attorney-client relationship. Please do not send any confidential information to the office until such time as an attorney-client relationship has been established. This blog is considered an advertisement for The Law Office of Lynch & Owens, P.C. The Massachusetts Rules of Professional Conduct broadly govern all advertisements and communications made by attorneys and law firms in the Commonwealth. Generally, legal websites and any other content published on the internet by lawyers are considered a type of communication and an advertisement, according to the Comments to Rule 7.2.

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By | 2017-03-28T08:18:30+00:00 January 19th, 2016|Categories: Divorce, Family Law, Updates|Tags: , , |Comments Off on Lynch & Owens Divorce Series: Step 6 – Motions for Temporary Orders

About the Author:

Josey Lyne Payne is a Senior Associate at Lynch & Owens, and is a frequent contributor to the Lynch & Owens Blog on subjects including Massachusetts divorce, child custody and support, domestic violence, equity and estates litigation, and complex financial probate and family litigation. Attorney Payne can be reached by phone at (781) 741-5000 or email at [email protected], or visit her bio page at lynchowens.com/attorneys/.