Going through a divorce can make you feel like you are losing control, especially at the very beginning. However, if it is necessary to get divorced, then you will likely encounter an implementation of temporary orders. Let us dive into how these orders function within New York’s divorce framework.
Common temporary orders in a divorce
During divorce, the court can issue temporary orders to stabilize things and prevent any underhanded tactics from any of the spouses. Common orders include:
- Temporary custody: This order decides where your children will live and outlines your rights. The court considers the children’s best interests, each parent’s ability to care for them, and the child’s wishes if the child is mature enough.
- Child support: This order requires the non-custodial parent to help with the children’s needs. New York courts use a formula to calculate child support based on income and custody.
- Spousal maintenance: Also called temporary alimony, this order requires one spouse to help the other financially during the divorce. The court considers the length of the marriage, each spouse’s income, and their contributions to decide the amount and duration.
- Exclusive use of the marital home: The court may let one spouse use the marital home during the divorce. They consider the safety and well-being of the spouses and children.
These orders help manage divorce issues while you wait for the final judgment. They also provide stability and security during this transition.
How do temporary orders impact your divorce settlement?
These temporary orders are essential. They can affect the final divorce settlement by setting a custody, support, and property division pattern. The court might also look at these arrangements when making final decisions. So, it’s important to handle them carefully. An attorney can help you with your choices and aim for the best outcomes. It is crucial to know how these legal tools work and their impact on your situation. Talking to an experienced attorney helps you make smart decisions and protect your rights.