4. Ex-Parte Temporary Orders

When a Petition for Divorce is filed, Ex-Parte Temporary Orders may be issued in the case to stabilize the family. The Temporary Order, issued by a Family Court Judge will decide, while the case is proceeding, who will live in the marital home, who will have use and possession of household goods, cars and the like, as well as issues involving custody, visitation, child support, alimony, health insurance, attorney fees and other issues. Temporary Orders are issued by the Family Court Judge relying upon the sworn Financial Declaration and Affidavits presented. You will have no opportunity to rebut or challenge what your spouse presents unless you request a hearing to seek modification of the Temporary Order. The Court will then make its decision after hearing brief arguments from the attorneys. If at all possible, it is generally best to attempt to resolve the Temporary Order issues without a hearing.