There are many important steps in the process of getting a divorce in Oklahoma. Few are more important that the temporary order hearing. You have the right to appear before the family law judge over your case, early on in the Oklahoma divorce process, and seek ground rules for all the issues that you can expect while your divorce is pending. When you lose the temporary order hearing or it does not turn out the way you want, you can file a request to have the Court reconsider any issue at a later time or take the issue to trial.
What Issues are decided at the Temporary Order Hearing in my Divorce?
The outcome of the temporary order hearing in your divorce is very important to the overall outcome of your divorce, be prepared and have a Fierce Advocate@ by your side! Preparation is key when you first appear before the Court to decide temporary orders for the following important questions:
- Who will have primary physical custody of children during the divorce?
- Who will have decision making authority of children during the divorce?
- Who will get to stay in the marital home during the divorce?
- Will I receive spousal support, while my divorce is pending?
- Will I have to pay spousal support, while my divorce is pending?
- Who will pay child support and how much will it be?
These are only a few of the important questions that you want to have answered, either by agreement, or by the judge in your divorce case during the temporary order hearing.
What happens if I don’t like an Order at the Temporary Order Hearing?
When the judge makes a decision that you do not like at the temporary order hearing, it can be scary and frustrating. However, do not lose hope! You can seek to have the temporary orders changed, if there is a material change in circumstances or if facts change enough that your Oklahoma divorce lawyer advises you that the Court may grant a change to the Court’s temporary Orders.
You generally speaking cannot “appeal” temporary orders in a divorce case. Meaning, you cannot ask an appellate court or judge in another position than the family law judge over your case to change a temporary order. Typically, you are limited to the parties reaching an agreement to change the Court’s orders and submit an agreed order for the Court to consider and hopefully approve or find grounds for the judge in your case to change its previous order.
How can I be best prepared for my Temporary Order Hearing?
The best way to be prepared for your temporary hearing is hiring a great divorce attorney and communicating all import information and concerns with them. Our family law team has a detailed process to ensure our clients think through the important issues/questions in their divorce before the temporary order hearing and just as importantly; that our divorce attorneys and paralegals know what to ask you to ensure they know what matters most to you at this important step of the process.
The temporary order hearing will typically only last 30 minutes, i.e. you and your Oklahoma divorce lawyer will only have 15 minutes to present your side, including questions by the Court and objections by the opposing divorce attorney! What that means is you and your divorce attorney must be very prepared and know all the important facts and issues in your case!
Every divorce client we represent that needs a temporary order hearing works with our divorce attorneys to build a temporary order hearing binder for the parties and the court. The temporary order hearing binder is a demonstrative tool to communicate to the issues in your case and present your side to the Court in the most compelling form possible.
Whether we are the right divorce firm for you or not, please ensure that you have “Aids to the Court” ready, as well as financials and a plan to present to the judge deciding the temporary orders in your divorce. The following page has an example Financial Aid, which you are free to use to tell the Court the story of your finances!
Financial Aid to Court for Temporary Order Hearing
CONTACT CANNON & ASSOCIATES TODAY!
If you are facing or considering divorce in Oklahoma, it is important to work with an experienced Oklahoma City divorce attorney to increase your chance of obtaining the outcome you desire. The temporary order hearing is one of the most important steps in your divorce. It is crucial that you work with a great Oklahoma divorce attorney to increase your chances of achieving the Court Orders you want in your case.
Your Fierce Advocates® at Cannon & Associates are dedicated to answering your questions and preparing you for the road ahead. We take pride in the responsibility of serving families facing divorce and the court system every day and are here to assist you through this confusing process.
We offer free case strategy sessions to understand your circumstance and answer your questions about the process in a confidential setting, whether you decide to work with us or not. 405-591-3935