You Are Hereby Ordered: Understanding What Divorce Orders Mean
When you divorce, it's not a case of creating a single document and being done. Rather, divorce is broken down into orders from the judge. Some are temporary and some are final. Read to find out more about what to expect in terms of court orders and your divorce.
What Are Court Orders?
You can consider court orders to be written proof of a judge's decisions about various matters. When it comes to divorce matters, nothing is left to chance – everything is put into writing. With a divorce, orders can begin to arrive before anyone files for divorce. Orders cover things that need to happen during the separation period all the way up to the final petition once the divorce is final. In most cases, the final petition is the end of most divorce-related orders with one major exception. When it comes to minor-aged children, orders concerning their health, welfare, custody, child support, visitation, and more will continue until they are of age.
Orders During Separation
To have a smooth transition to divorce, separation orders allow the parties to begin to live separately in preparation for the divorce. In some cases, the orders issued during separation are temporary. Some are permanent, some are temporary. However, some temporary orders will probably become permanent if things are working out well with them. For example, temporary child custody orders may become permanent with the final petition if the parties agree, and the judge approves. One divorce order during separation is not temporary and has nothing to do with children, though. If your spouse owns a 401(K)-retirement account, it's marital property and you can execute a qualified domestic relations order (QDRO) during the separation. It must be completed prior to the final petition. It should also be noted that things like restraining orders can be part of the temporary separation orders as well.
Other Divorce Orders
The more complex your divorce, the more orders will be issued. Those with children will see orders pertaining to custody, child support, visitation, and more. It should be mentioned that some states gather all related orders into a single category known as a parenting plan. Look at a few other common divorce orders that will occur as the divorce proceeds and that might also be included in the final petition:
- Orders dealing with marital property. This order may set out who is to retain what piece of property.
- Orders that address marital debts. It orders one or the other of the party to be responsible for certain debts.
The above orders are just examples, and every divorce situation is unique. Speak to a family attorney to find out more about what to expect with your divorce orders.
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