Step #3 Temporary Orders; the Road Map for the Future
After the defendant has been served or has entered an appearance, one or both parties usually file a motion asking the court for temporary orders. These deal with important issues such as:
• Who has to move out
• Who has physical custody of the kids (where they live)
• Who has legal custody of the kids (who chooses their doctor)
• Visitation issues (parenting plan)
• Spousal support and/or child support
• Other financial issues such as who pays the mortgage, medicals bills, tuition, etc.
Obviously, these are all compelling and important issues which differ widely from family to family. If the issues can be resolved between the parties, or the parties and their lawyers, then their agreement can be brought to court in the form of a joint stipulation which the judge will (usually) approve and adopt as a court order. The judge will send the parties to Family Service to mediate unresolved issues. Issues remaining after mediation will be decided by the Judge after hearing from both sides.
Before going to Court your attorney should help you prepare a financial statement (there are two - for those with income over $75k and for those with income under $75k.) It is one of the most important documents you will file. It MUST be accurate and it should explain any financial matters that require explanation.
Do not underestimate the importance of temporary orders. They can become a baseline for the final outcome. Also, financial and family pressure from an unfavorable order can place a litigant at a serious tactical disadvantage.
