What is a Temporary Order in an Oklahoma Divorce?

When a couple files for divorce in an Oklahoma court, a temporary order will address some issues that simply cannot wait weeks or months to resolve.

Temporary orders are orders that the court puts in place early in a divorce proceeding to address these issues until they can be resolved via hearing or settlement. When these issues are resolved, the temporary order is rescinded.

What Can a Temporary Order Cover?

A temporary order in an Oklahoma divorce can cover the following issues:

  • who stays in the family home and who moves out,
  • who drives what car,
  • where the children will live,
  • child support, and
  • other issues regarding assets.

Such matters all need some sort of immediate orders to prevent the spouses from continual arguments and to maintain as much stability for the children as possible.

Temporary orders usually require a hearing, but these hearings tend to be fairly quick and less formal than the hearings that will result in longer-term orders down the line.

Most importantly, the court will try to ensure that any children of the marriage continue to have regular contact with both parents during the divorce.

Either spouse can request that a temporary order be issued on a particular subject. In order to request relief, a spouse must file an application for a temporary hearing, obtain a hearing date, and then have both the application and the hearing date served on the other spouse.

Children

Parents in Tulsa County must have a referral from the parenting coordinator to set a temporary order hearing. A parenting coordinator is often appointed to high-conflict cases and can be instrumental in helping parents work together more effectively.

If there are minor children of the marriage, the court will make initial orders regarding child custody and support. Along with that, the court will issue temporary orders regarding visitation.

Courts want to maintain as much stability for children as possible during a divorce and ensure continuing contact with both parents. Parents are prohibited from disturbing the peace of the other party or of the children of the marriage. That allows the other party and the children to maintain an environment free of harassment.

The court may also order that both parties be prohibited from withdrawing their children from school or daycare or removing their children from the court’s jurisdiction for anything other than vacations of two weeks or less duration without the prior written consent of the other party; such consent must not be unreasonably withheld.

Temporary Protective Orders

Sometimes, a judge will issue a temporary restraining order, also known as a protective order. Such orders usually prohibit certain types of contact between the spouses. This may happen if the period leading to the divorce was particularly acrimonious or if there is a history of assault or battery between the spouses.

A Temporary Order Can Help the Bills Get Paid

When one spouse moves out, the other spouse may be tempted to stop paying bills that are in that spouse’s name which pertain to the family home. Thus, a temporary order can be used to ensure that bills continue to get paid during the divorce process.

A spouse can ask for an order that clarifies which spouse pays what bill. This may be particularly necessary for medical or dental coverage during the Tulsa divorce process.

Concluding Remarks

Temporary orders can be particularly helpful in the early stages of a divorce. They keep things stable while spouses work through their issues, moving toward resolution and a final decree.

If you have questions or concerns about your case, contact a Tulsa family law attorney today.

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