Why are temporary orders for a contested divorce important?

On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

Divorce proceedings are seldom easy. When a couple finds themselves in a contested divorce situation, the complexities can escalate significantly.

In such cases, both parties need to maintain some stability and ensure the protection of their rights and interests throughout the process. This is where temporary orders come into play. These orders establish a framework for the duration of the divorce proceedings, ensuring that both spouses have access to necessary.

1. Financial stability

One of the primary reasons couples seek temporary orders is to secure their financial stability during the divorce process. This includes provisions for spousal support and child support. Without temporary orders, one spouse may find themself in a precarious financial situation, which can further complicate an already tense situation.

2. Child custody and visitation

For couples with children, determining child custody and visitation rights can be emotionally charged and contentious. Temporary orders can help establish a temporary custody arrangement that ensures the children’s well-being and preserves the rights of both parents to spend time with their children.

3. Exclusive use of property

In many divorces, couples share a home or other properties. Temporary orders can grant exclusive use of the marital home or certain assets to one spouse, providing a sense of stability and privacy during the divorce proceedings.

4. Preservation of marital assets

Temporary orders may also involve directives to prevent the dissipation or sale of marital assets without mutual consent. This safeguards the value of shared properties and assets until determining the final division.

Contested divorces accounted for 5.5% of the New York Supreme Court’s 152,484 new cases in 2022, which may mean a divorce turning into a long, drawn-out process. By seeking temporary orders, couples can mitigate some of the emotional and financial burdens that often accompany the process.

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