Temporary Orders in a Divorce
Temporary orders in a divorce are legal orders issued by a court during the pendency of a divorce proceeding. These orders are designed to provide temporary relief and maintain the status quo until the final divorce decree is issued. They can address a variety of issues, including child custody, child support, spousal support, use of property, and attorney’s fees.
Ex Parte Interim Orders
An ex parte interim order is a type of temporary order that can be issued without the other party’s presence or knowledge. According to Rule 8.2 of the North Dakota Rules of Court, such an order can only be issued under exceptional circumstances, such as imminent danger to any party or minor child, or when necessary to protect the parties, minor children, or the marital estate (Rule 8.2(a)(1)).
The moving party must provide a declaration detailing specific facts justifying the issuance of the order (Rule 8.2(a)(2)). This order remains in effect until it is amended following a court hearing (Rule 8.2(a)(6)).
Interim Orders on Motion and Hearing
Interim orders can also be issued following a motion and hearing. These orders can provide for payment of support and other appropriate expenses (Rule 8.2(b)(1)), temporary parental rights and responsibilities (Rule 8.2(b)(2)), and use of real or personal property (Rule 8.2(b)(4)).
If the opposing party has made an appearance in the action, or if the moving party’s attorney knows that the opposing party is represented by an attorney, the court must attempt to hold an emergency hearing before issuing any order (Rule 8.2(b)(4)).
Attorney’s Fees and Costs
An interim order may provide for payment of attorney’s fees and costs if evidence establishes that a party has insufficient personal income or funds to pay these fees and costs (Rule 8.2(b)(3)).
Use of Property
An interim order may provide for the use of real or personal property, and for restraining and eviction (Rule 8.2(b)(4)).
Amendment of Interim Orders
An interim order may not be amended except upon stipulation of the parties or in the event of a material change of circumstances (Rule 8.2(b)(5)).
Payment of Support
The interim order must provide for any spousal support payment, child support payment, or combined payment of child support and spousal support, to be paid to and through the State Disbursement Unit (Rule 8.2(b)(6)).
Temporary Support, Attorney’s Fees, and Parental Rights and Responsibilities
According to North Dakota Century Code 14-05-23, during any time in which an action for separation or divorce is pending, the court may issue an order requiring a party to pay such support as may be necessary for the support of a party and minor children of the parties and for the payment of attorney’s fees. The court in the order may make an order concerning parental rights and responsibilities concerning the children of the parties.
In conclusion, temporary orders in a divorce are crucial legal tools that provide immediate relief to parties during the divorce process. They address various issues and are designed to maintain stability until the final divorce decree is issued.