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Achieving fair temporary orders before your divorce

If you are planning on seeking a divorce from your spouse or if your spouse has announced plans to file for divorce, you are likely dealing with many confusing emotions. This makes it difficult to think clearly, and you may be lying awake at night with a million questions running through your head.

Certainly, among those questions are many concerning the arrangements and decisions that will come about during the divorce negotiations. Once a divorce decree has the signature of the judge, you and your former spouse will have little choice but to comply with its orders. One way you can ensure you get the fairest settlement is to figure out what you want to achieve at your hearing for temporary court orders.

Getting the best start to your future

Temporary orders provide a framework so that you and your spouse can continue living a life as close to normal as possible between filing for divorce and the signing of the decree. During that interim, there may arise critical questions about how you will carry on with details concerning your property and the care of your children.

The secret many do not know is that the temporary orders often become the starting point for a permanent divorce settlement, so obtaining the most satisfying arrangement now may bode well for your future.

What issues do temporary orders cover?

As difficult as it may be to consider, it will benefit you to take some time to think about your goals for your divorce settlement. Achieving these goals for your temporary orders may improve your chances of a final settlement that is satisfying and fair. Some questions to ask yourself include these and others:

  • Who will live in the house, and who will move out?
  • Where will the children live?
  • How will you divide parenting time with your spouse?
  • Who will pay for major expenses such as mortgage, health insurance, credit cards and car payments?
  • How will you and your spouse divide marital property such as furniture, vehicles and valuables?
  • Will you or your spouse need spousal support during the separation?

The best way to arrive at a workable temporary order is to sit down with your spouse and work it out together. This will also set the tone for cooperation during divorce proceedings. Your attorney can assist you by advising you of your rights under Kentucky law and reviewing the agreement. However, if you and your spouse are unable to resolve these issues on your own, you will have to allow a judge to decide, and your attorney can represent your best interests in court.

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