What Are Temporary Orders in an Ohio Divorce?
A contested divorce is a complex process that can take months or even years to finalize when spouses cannot agree on major issues, such as property division, child custody, or spousal support. While the divorce is pending, the court may issue temporary orders to address such matters until a final decision is reached. The purpose of temporary orders is to create stability during the divorce process and prevent one party from gaining an unfair advantage through controlling finances or assets. They are legally binding orders issued by a judge on matters that may include:
- Exclusive use of marital property: Which party will have the right to use the family home and vehicles while the divorce is in process.
- Child custody and visitation: Where the children will live and when each parent will spend time with them.
- Division of expenses and bills: Which spouse is responsible for paying certain household expenses and debts during the divorce.
- Child support: How much financial support will the non-custodial parent provide for the care of the children?
- Alimony: Whether and how much financial support will be provided by one spouse to the other to maintain the standard of living while divorce proceedings are in progress.
When Are Temporary Orders Issued in an Ohio Divorce?
After filing for divorce, either party may request temporary orders.
The request is made in a Motion for Temporary Orders filed with the court. Typically, the motion contains a detailed explanation of the requesting spouse’s financial situation, the needs of the children, and other relevant information. The judge may issue temporary orders based on the written motion alone, or the court may schedule a hearing to review the request. Both parties may present evidence to support their positions at the hearing, and the judge will decide based on the financial arrangement’s fairness and the children’s best interests. Once issued, temporary orders are enforceable until modified by the court or the final divorce decree is entered.
What Is the Law on Temporary Orders in Ohio?
Several sections of the Ohio Revised Code may pertain to temporary orders in a divorce:
- Section 3190.04: This law regulates temporary orders for child custody and parenting time to help ensure stability for children during the divorce. In determining temporary custody, the court follows the same criteria as for permanent custody decisions, with a focus on the best interests of the child.
- Section 3105.18: This section of the Ohio Revised Code regulates temporary orders for spousal support. The court may order alimony payments while a divorce is pending to help ensure a financially dependent spouse is supported during the process and to help maintain the standard of living.
- Section 3119.021: Temporary orders may require the non-custodial parent to make child support payments calculated according to the guidelines under this section of the Ohio Revised Code.
How Can Temporary Orders Impact the Final Outcome of an Ohio Divorce?
Although temporary orders are not intended to affect the final outcome of a contested divorce, they can set a precedent that may influence various aspects of a divorce case.
Child Custody and Visitation
When a temporary child custody arrangement proves to be in the child’s best interests, it can help shape final custody decisions. The well-being and stability of children are the priority of the courts.
Judges will consider how well temporary custody arrangements have worked over time. If the children have adapted well to living with one parent and thrive in that environment, the court may make the temporary arrangement permanent. However, the court will consider all factors, including the relationship between the child and each parent. Evidence of parental involvement in the child’s life for the duration of temporary orders can be a factor in final custody arrangements.
Use of Family Home and Marital Assets
Temporary orders may grant one spouse temporary exclusive use of the marital home, vehicles, or other assets. This can affect the final division of assets, particularly if the court believes it serves the children’s best interests to maintain consistency in living arrangements or that one spouse is better suited to keep the home. However, the final distributi
on of marital property is subject to Ohio’s equitable distribution laws. Assets will be divided in a way that is fair although not necessarily equal, regardless of temporary orders.
Spousal Support
Temporary and final alimony decisions are not directly connected. In determining final spousal support arrangements, the court considers several factors, including the duration of the marriage, the standard of living maintained during the marriage, and the earning capacity of each spouse. If temporary alimony orders have allowed the dependent spouse to meet financial needs and maintain a standard of living, this could help reinforce an argument for ongoing support.
On the other hand, the court may reduce the amount or duration of spousal support based on changes in circumstances that occurred during the divorce process, such as the dependent spouse obtaining employment.
How Important Are Temporary Orders in an Ohio Contested Divorce?
Temporary orders can play a critical role in an Ohio contested divorce, providing a framework for managing lives during a lengthy legal process and influencing perspectives on important issues such as child custody, property division, and spousal support. It is essential to take them seriously and fully comply with court orders. If you are facing a heavily contested divorce, it is crucial to work closely with an experienced Ohio divorce attorney to ensure temporary orders are fair and aligned with your long-term goals for the outcome of the divorce. Contact Lawrence Law Office at (614) 363-1273 to learn more.
