Temporary orders and authorized motions during a divorce

On Behalf of | Nov 9, 2018 | Divorce

When a Missouri couple begins divorce proceedings, the immediate aftermath will often elicit questions as to how certain circumstances will be handled. Temporary child support and spousal support is an inevitable concern. Frequently, there is worry that certain behaviors will need to be interrupted via court order. This can encompass many different things. Some place people at risk. For those who are divorcing, understanding how the law addresses temporary orders and authorized motions is a key part of a case.

When there is a divorce underway, either spouse can request temporary support. With this motion, there will be an affidavit with the factual basis for this request and the amounts the person wants. If there was a divorce completed by a court that did not have personal jurisdiction over an absent spouse, either party can ask for maintenance and support. This too will have an affidavit. As part of this motion, either spouse can also ask that the court issue an order for numerous behaviors.

The behaviors for which there can be a request for a court order include: to restrain the person from making any decision regarding property apart from normal business or for life necessities without informing the other person; stop harassment, abuse, disturbing of the peace and other acts against the other party or child; exclude the other party from the family home by making threats of harm; or establish and order that there be compliance with custody orders and child support.

Divorce can be an emotional time with a seemingly endless number of issues in dispute. While there are circumstances where the parting of the ways is amicable, most cases will need there to be some form of judicial intervention to ensure that the law is adhered to, temporary support is provided and people are protected from bad behavior and danger posed to the other party is stopped. In some instances, both sides are at fault. A law firm that is experienced with all aspects of divorce can help with these and any other matter that come up in the immediate aftermath of a decision to end a marriage.

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