If you end your marriage in California, the relationship is officially terminated after the final divorce decree is issued. However, it may be possible to obtain a temporary order, which helps to settle pressing issues until a permanent agreement can be reached. Temporary orders tend to revolve around matters such as child support or custody during divorce proceedings as well as who retains possession of a home or car.
How to obtain a temporary order
A temporary order will typically only be granted if you ask for one. You must file a petition with the court stating the reasons for the order and how long you would like it to last. For instance, you may ask for an order to remain in the family home until the final decree is issued or to be granted sole custody of your kids while a formal parenting plan is worked out.
Life doesn’t stop
If you share a child with your partner, that child will still need food, shelter and clothing while the divorce process plays out. If you don’t work, it may be impossible to provide for your child without help from your spouse. However, your spouse may be reluctant to provide timely assistance unless ordered by the court. An order may also ensure that you don’t have to pay for separate housing or transportation before issuing a final decree.
Understanding support guidelines
In most cases, temporary child support or alimony orders are crafted using the same guidelines imposed when crafting permanent orders. Typically, the court will look at each person’s income, expenses and opportunities to find employment when determining how much either party may be entitled to receive.
California is a community property state, meaning you typically have a right to half of marital assets in a divorce settlement. A temporary order may help ensure you have access to funds in a joint account or other resources needed to care for yourself or your children.