Temporary Orders and Permanent Orders in a Divorce
If you are involved in a divorce in Ohio the process can be very confusing. Often times there are two tracks in a divorce, and people often get them confused or simply don’t understand what is going on.
The first track is the Temporary Order track. Not every divorce has temporary orders, but the majority do. Temporary Orders are issued by the Court to keep the family unit and money moving while the divorce is pending. Divorces can take many months and often a year or more to become final. The Court makes orders to make sure bills are still getting paid, and parents are still seeing their kids. Some things that are typically ordered by the Court on a temporary basis are
- Custody of the Children and visitation for the non-residential parent
- Child support
- Spousal Support
- Who gets to live in the marital home
- Who pays certain bills
The process in many Ohio counties is also confusing. In order to get temporary orders, a party must ask for them in an affidavit. The Court then makes temporary orders based only on the affidavits and pleading – paperwork – submitted to the Court. If a party doesn’t think the temporary orders are fair, that party can ask for a hearing. It is only then, that the Court will make orders based on testimony and evidence submitted to the Court.
The second track is the Permanent Order track. This is the final orders that the Court will make in the case. It is usually an agreement between Husband and Wife dividing up all assets and debts, accounting for custody and parenting time, and finalizing the termination of the marriage. This is when the divorce is finally over.
Each of these separate tracks has their own hearings and their own type of hearings. And it can get even more confusing if you have two hearings on the same day – one on each track. Or if you have a hearing on the permanent orders before you have a hearing on temporary orders.
Then there is the different factors, standards, and evidence that the Court must consider in the separate tracks. For instance, a party may not be entitled to spousal support on a permanent basis, but is likely to get an award of spousal support on a temporary basis.
But there is an interplay between the two that isn’t written in any law anywhere. Think about the negotiation incentive or lack thereof. If one party got everything they wanted in the temporary orders, they probably aren’t going to want to negotiate and give anything up in the permanent orders.
There are many moving pieces to a divorce, and the process can be confusing and overwhelming. Make sure any attorney you hire know the process and how they work in your county. If you aren’t already represented by a Toledo divorce attorney give me a call.