The legal process is complex and sometimes the wheels of justice turn slowly. While it is true that as soon as the case is filed the process is put in motion, it is equally as true that in most instances the parties need immediate relief. Waiting for a final order is not feasible when you need child support, or need to know who gets the kids for the holidays. To remedy this problem, you must play an active role in your case and seek temporary orders that set forth the rights and responsibilities of the parties while the case is pending.
The Family Dissolution Act governs the procedure for a divorce case in Florida. Some things you will want to seek a temporary ruling on include:
- Child support: it is vital you have a temporary order put in place determining the amount of child support to be paid, and to whom.
- Child custody and visitation: one of the most important things to ask for if you have kids is child support, but you should also have a clear directive on where the kids will live, and when they get to visit the non-custodial parent.
- Who remains in the home: in the beginning days of a divorce, one of the parties may have already moved out of the marital residence. If that is not the case, it is critical to have the Court declare who stays and who goes.
In most instances it is best to get a jump start on these issues and make the request for a result you desire. Taking a proactive approach gets the ball rolling and can provide much needed emotional closure on significant issues. In some cases the parties are able to agree on a temporary solution to the major issues before going to a hearing for a temporary order. If that is the case, the agreement is presented to the Judge for approval and until a final order is in place the temporary order governs how the parties must behave during the case.
For more information about divorce and how to proceed in a way that fits your needs, call our office today. Your first visit is at a onetime flat fee. Call a qualified family law attorney in Stuart and the Treasure Coast to schedule an appointment.