Utah divorces have distinct steps to them.
First, you start with a Divorce Complaint. The Complaint lays out what you want in the divorce (e.g., how custody will work, how you will split up assets and debts, how much will be paid in child support).
Second, you go one of two ways. Either you go to mediation (where you negotiate directly with your spouse attempting to finalize things without going to court), or you go to Temporary Orders.
Temporary Orders are just like they sound. They are temporary orders made by a judge or commissioner that govern divorcing spouses until their divorce is finalized.
What can you address in Temporary Orders?
Temporary Orders can address any issue in a divorce or child custody case, including:
(1) child custody,
(2) child support,
(5) payment of debts, and
(6) possession of the marital home.
When a court hands down Temporary Orders, you should plan on those orders not changing before you get done with your divorce. (Judges and commissioner don’t like to change things once a decision has been made.)
This means you should take Temporary Orders seriously because they can affect your case and your family for quite some time.
How do you file for Temporary Orders?
You begin the Temporary Orders process by filing a Motion for Temporary Orders. This Motion is accompanied by a Sworn Declaration (i.e., Affidavit).
This Sworn Declaration, which is based on a person’s direct observations, explains (1) the situation, and (2) why a spouse deserves what he or she is requesting.
Once you have filed, your spouse can respond and file his or her own Counter-Motion for Temporary Orders.
All parties have the opportunity to provide the Court with documents, such as bank statements, parent-time calendars, and photographs.
Don’t chance it with Temporary Orders
Temporary Orders can be quite complicated. Don’t chance it and argue them alone. Too many things can go wrong. Find someone to help you through the process.
For more information on Temporary Orders
For a more complete explanation regarding Utah Temporary Orders, read here.