What Are Temporary Orders in a CA Divorce?

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In California, a divorce can take at least six months to finalize. However, the more complex the matter is, the longer it can take if there are high net worth individuals involved. For many, some issues cannot wait six months or longer to be settled. As such, those needing an immediate short-term solution can obtain temporary orders. If you’re going through a divorce and are unfamiliar with what these do, you’ll want to keep reading. You’ll also discover how a Los Angeles divorce attorney with the Zitser Family Law Group can assist you with these complex matters.

What Are Temporary Orders?

When going through a divorce, some matters may not be able to wait until a divorce is finalized. While some couples can work together to find a solution for these matters during the divorce process, others cannot. Temporary orders provide a short-term, court-ordered solution for these matters. Commonly, people cannot agree on child custody or spousal support during these times.

Once a divorce petition is filed in California, an Automatic Temporary Restraining Order (ATRO) is enacted. You do not need to file to receive one of these. Generally, this makes it so one parent cannot remove a minor child from the state and prohibits either party from concealing or disposing of any property. The ATRO is mutual and will apply to both parties until the divorce is finalized.

However, you may also require assistance if there is a minor child in the mix and you and your spouse cannot agree on custody or you fear for the safety and wellbeing of your child when they are in the care of your spouse. Additionally, if you rely on your spouse’s income, you can obtain a temporary spousal support order.

How Do I Get One?

If you wish to obtain a temporary order to help you and your spouse through these circumstances, understanding how to proceed is critical. Generally, the courts will require you and your spouse to try to agree on your own. If this is not possible, you will file a petition with the court, briefly explaining what the issue is.

The court will then provide a hearing date. In some instances, depending on the severity of the situation, they may grant a same-day hearing. Regardless, it will be relatively soon to when you filed and will allow you and your spouse to speak your side of the matter.

When you get a divorce, you have many different things to consider. Unfortunately, the emotional and legal complexities of this matter can be extremely overwhelming. Luckily, the Zitser Family Law Group is ready to help. Our team understands the importance of figuring these matters out as soon as possible. That’s why we’re here for you every step of the way. Contact us today to learn how we can assist you.

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