North Carolina Divorce: Temporary Orders

  1. Domestic Violence
  2. North Carolina Divorce: Temporary Orders

The decision to end a marriage is a hard and emotional one. Predictably, people who are experiencing a separation and divorce may not be at their best—to that degree, courts sometimes have to get involved.

When family law issues arise regarding domestic violence, separation, and divorce, or child custody, North Carolina courts have the authority to grant various types of temporary orders that are designed to provide safety, to force parties to temporarily cool down, to provide stability for children, and to protect property.

Providing Safety

Courts are well aware of the safety risks that come with the end of a marriage. If there has been violence in the relationship or threats to a spouse’s or child’s physical safety, a protective order can require a spouse not to assault, threaten, harass, intimidate, or interfere with the other spouse or children. It can also grant one spouse possession of the marital home, a vehicle, and family pets, as well as provide distance restrictions between the spouses.

Child Custody

Temporary child custody orders can ensure stability for children during custody proceedings by creating a consistent set of rules that both parents must abide with. Pending final orders, temporary custody orders can set out the various rights and duties that each parent has regarding decision-making, the right to information, and the duty to pay temporary support for the child.

Also, these orders can establish who will be the primary caretaker and establish a visitation schedule. Public policy dictates that children should have ample contact with their separated parents so their relationship can continue and grow. Unless there is some evidence a parent is unfit, a noncustodial parent will receive visitation under these orders. However, if a court believes a parent is unfit, it may order supervised visits or suspend visitation until further evidence is heard.

Protect Property Rights

Marital property is all property was acquired between the couples’ date of marriage and date of separation. Each spouse has a right to marital property, which courts must divide equitably, but not necessarily equally, between the couple. Temporary restraining orders are available to spouses to protect their property rights by prohibiting the sale, waste, or destruction of marital property. These orders give a wronged spouse recourse in the form of contempt proceedings.

Temporary Orders Available in Family Courts

The COVID-19 global health crisis has led to courts around the nation limiting the number of cases they hear. In North Carolina, our State’s Supreme Court has issued orders responding to the crisis to help save lives and limit the spread of the coronavirus. This has led to delays in court’s schedules and teleconference hearings instead of in-person hearings. Despite this, courts are still available for emergency temporary orders. Contact New Direction Family Law to explore your options.

New Direction Family Law

If you want to end your marriage or resolve a child custody dispute, the New Direction Family Law team is here to help. With a focus on your safety, our experienced attorneys can help you pursue the steps necessary to get some legal resolution so you can move into a new direction. Let us serve you. We proudly represent clients in Wake, Johnston, Durham, and surrounding counties. Call New Direction Family Law today at (919) 719-3470 to schedule an appointment, or contact us at our website.

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