Temporary Orders Protect Everyone During a Divorce

In Separation & Divorce by Elizabeth Stephenson

It is no secret that people make poor decisions surrounding separations and divorce. There are so many dynamics that make it an emotionally unstable time that even individuals with healthy coping abilities cannot help but become completely overwhelmed. These poor decisions manifest themselves in unstable and sometimes dangerous behaviors. In North Carolina, the legislature has recognized the need for stability and safety during volatile times and has granted courts discretion to enter various orders designed to establish some normalcy throughout divorce proceedings.

Temporary child custody and support order. North Carolina General Statute § 50-13.5 allows a court to enter a temporary order that establishes the children’s custody arrangements during the divorce proceedings, as well as a temporary child support order to ensure that the children’s caretaker can maintain financial stability for the children. The purpose of these orders is to minimize the disruption the divorce proceedings will bring into the children’s lives. Generally, these orders will keep the children in the family home and grant ample visitation to the other parent. However, it is

Domestic Violence Protective Order (DVPO). If there is domestic violence in the relationship or the imminent threat of harm against one spouse or the children, the court can enter the appropriate ex-parte emergency order. Courts understandably take domestic violence and threats of domestic violence very seriously, especially in the high-tension time period of a divorce. The ex parte order is temporary, but can result in a longer protective order following an evidentiary hearing.

Post separation support. This is essentially temporary spousal support for a dependent spouse, in the form of fixed monthly payments. The purpose of this support is to provide financial assistance to the dependent spouse to meet their reasonable monthly expenses, to the extent possible. The court considers the incomes of the spouses, and the expenses and needs of the dependent spouse when considering post separation support. This order automatically expires when a final alimony order is entered or after a fixed amount of time.

Interim Distribution Order or Temporary Restraining Order. Amongst the bad decisions that spouses make when they separate is to waste, transfer, or destroy marital assets in an attempt to punish the other spouse. Courts can therefore issue temporary orders that prohibit spouses from dissipating marital property during the course of the divorce.

New Direction Family Law

New Direction Family Law has more than twenty years of experience handling divorces of all levels of complexity in North Carolina. Let us represent you in your divorce. Our legal team understands how difficult and volatile this time can be for you and will use every tool at our disposal to make sure that you and your children are safe and stable. Our office serves Wake, Johnston, Lee, Harnett, Cumberland, Nash, Granville, Franklin, and Durham counties. Call New Direction Family Law at (919) 719-3470 to schedule an initial appointment, or contact us at our website.