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A pending divorce requires specific actions

On Behalf of | Dec 12, 2022 | Child Custody

Sometimes spouses reach a point where they know that the marriage is over and they must begin living separate lives. One spouse may even move out of the marital home and begin living in their own residence.

However, divorces can take some time to resolve. It could be months between the divorce starting and receiving the final divorce decree. During this time, couples must still share their property and custody of their children.

This means that one spouse cannot simply tell the other one when they will see their children or make legal decisions without consulting the other parent.

One may feel like that since they always took the lead on decisions, they can simply cut the other parent out of the process. But while a divorce is pending they must consult with the other parent.

Temporary orders govern parents while divorce is pending

In order to have the legal authority to make the decisions or to determine when each parent will have the children, they need to obtain a temporary or interim custody order. These temporary orders can be obtained by requesting one from the court while the divorce is pending and can make decisions for temporary custody and parenting time while the divorce is pending.

If one parent requests a temporary custody order, each parent will have a chance to present evidence to the court as to who should have temporary custody and determine a schedule for when each parent will have the children in their care. The judge will then make a decision.

It is important that parents go through this process if they feel strongly about custody immediately or if the parents are unable to reach an agreement on temporary parenting issues.

Divorce is not an easy process. It is emotional and can take time to complete.

However, while the divorce is pending life does not stop for the parents or the children. Decisions need to be made and each parent will likely want to see their children on a regular basis. This can lead to more immediate conflict or problems for the couple and they may not feel they can wait until the divorce is finalized. These can be complicated matters and consulting with experienced divorce attorneys could be beneficial.