Temporary & Emergency Order Attorneys Finding Fast Solutions for Clients in Scottsdale
It is hard enough to wait for the decisions made by the court as you are going through any divorce process. But when it comes to the division of finances, who will care for your children, how they will be provided for, or whether you can expect income through spousal maintenance, you can’t wait months for a resolution from the courts. This is where temporary orders come into play. They are a very important part of a divorce because although they don’t have any legal power after the court’s final ruling, they can affect the final decisions, which are permanent. The questions of division of property and child custody or child support will have a lasting impact on your family’s future, so don’t leave these important matters up to chance. With skilled legal representatives on your side, you can be sure that your temporary orders will be handled efficiently and will have the right result for you. Give The Sampair Group a call at 623-777-3903 to discuss the details of your case with our talented legal team and see how we can help you.
In What Cases Can a Temporary Order Be Used?
Many families can’t afford to wait for the court when it comes to critical decisions about handling family business during a divorce or legal separation. The following parts of the dissolution of a marriage are viable topics for a temporary order petition:
- Division of communal property
- Child custody
- Relocation of children
- Parenting time
- Visitation and other parenting rights
- Child support payments and schedule
- Spousal support or alimony, if applicable
- Grandparents’ rights
Many people are not aware that courts can modify temporary orders in some cases when given reasonable cause, but the changes will only have an effect moving forward with the case and will not be enforced retroactively. Therefore it is extremely important that the temporary orders for financial support indicate the right amount from the very beginning to make sure you get the funds you deserve during your divorce. In some cases, however, the court’s final decision varies greatly from what was issued in the temporary order. This makes it even more important to have skilled attorneys on your side at every step of the way. For more information about your specific situation, contact our Scottsdale office to schedule your free consultation.
What is an Emergency Order and What Happens if I Use One?
An emergency order is different from a temporary order in that it responds to a situation involving possible harm to children or other family members. Any time that you or your children are in danger of being harmed or neglected by your ex-spouse, you might need an emergency order. Examples include threats or violence against family members, drug or alcohol use by one or both parents endangering children, arrest or incarceration of one or both parents, and any other situation that could result in imminent harm to children or other family members. Emergency orders can result in modifications to parenting time or child custody.
If you believe you qualify for an emergency order, the first thing you should do is to contact compassionate, capable family law attorneys who know how to get the orders filed properly and legally. They will help you figure out if an emergency order is the right course of action for you. Then, if an emergency order is needed, they will help you file for the order appropriately to protect the safety and well-being of you and your children.
Sometimes a parent wants an emergency order just because they are angry at their ex-spouse and want to damage them or reduce their contact with the children. This is not enough reason for an emergency order and can lead to you being found in contempt of court if you file without a legitimate emergency. Sometimes doing so can even lead to fines or damages. Using a family law attorney can help ensure that your emergency order is done under the right circumstances, avoiding further legal hassle.
When is an Emergency Order Needed?
Emergency orders and temporary orders are similar but occur for different reasons during divorces or legal separations. While temporary orders are common during the legal process of dissolving a marriage, emergency orders are not used quite as often. An emergency order may be required during more extreme circumstances, such as if an ex-spouse has been arrested or if their drug or alcohol use is causing a dangerous situation for children or other family members. The result of an emergency order could be that the parent charged with endangering the family members will no longer have custody of any children involved, but sole physical and legal custody will reside with the other parent. There are some times when both parents are not able to provide a safe environment for their children, in which case an emergency order could place custody with the state or another third party. If an emergency order is desired, it can be requested by either parent. Please contact us right away to discuss whether or not you need an emergency order.
Can Our Lawyers Help You with Your Temporary or Emergency Order?
While you are already in the emotionally stressful time of getting a divorce or separation, it can be difficult to handle disputes with your ex-spouse. You may need a temporary or emergency order but are sure which one is right for you. The temporary orders handed out during your divorce can have a lasting impact, and you don’t want important family matters left up to chance. If you are in a situation where you or your children are in danger, you will need a properly filed emergency order that gets you the protection you need. These important issues must be handled with speed and with care by legal representatives who understand the nuances of family law. Our attorneys know how to help you get the results you need, so call today for your free initial consultation at 623-777-3903.