Discussing all of your options with an attorney when you decide that you'll file a divorce petition to end your marriage is important. Now is the time to take a look at what other steps you need to take, and there may be some additional things that you want to do right away. Many people who file for divorce also file temporary orders for spousal support, for child support, and to prevent their spouse from selling jointly owned possessions. While your first priority might be to file the divorce petition, it's a good idea to file your temporary orders at the same time. Here are some reasons why.
It Prevents Your Spouse From Filing Against You
Spouses can respond to receiving a divorce petition in a number of ways. Some people will lash out legally by hiring their own divorce attorney and seeking to file their own temporary orders — for example, an order that you have to pay spousal support to your spouse. When you've already had your attorney draft up such an order and had a family court judge sign off on it, it becomes legally binding. This can mean that your spouse isn't able to successfully file a similar order.
It Avoids Delays
While many people file for divorce and then begin to evaluate what temporary orders may be applicable to them in the following days, this approach can result in a difficult delay. For example, if your spouse is the earner and is upset by the divorce petition, he or she may simply stop sharing money with you. If it takes a week to get organized to file a temporary order for support, you may face challenges during those days. Getting the order approved right away means that you shouldn't face a financial shortage.
It Prevents Multiple Challenging Situations
Advising your spouse that you're filing for divorce can be difficult for everyone, especially if this news is a surprise. Arguments can often result, especially if you've had a volatile relationship. If you were to file for divorce, have a confrontation, and then have a few days to cool down, the last thing that you might want is to inform your spouse about your temporary orders. These can lead to another big argument. In some scenarios, sharing all of this news at the same time may be preferable. Talk to your divorce law attorney about the types of temporary orders that may be applicable to you.