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