How to Prepare for a Temporary Orders Hearing in Michigan

Temporary orders are often a necessary part of the divorce process, especially when spouses can’t come to an agreement.

It’s not the best idea to show up to a temporary order hearing unprepared. When you know what to expect and what documentation to bring along, you can greatly increase your chances of the judge granting the outcome you’ve requested.

What Are Temporary Orders?

A request for temporary orders is made during the divorce process. Temporary orders are often requested to provide financial support, stability, or access to children until a lasting marital settlement agreement is established.

Common reasons for requesting temporary orders include:

• Child support
• Alimony
• Custody
• Visitation
• Disagreement over assets

To initiate these types of orders, you complete the paperwork at the courthouse. The other party is served a copy of the papers, and you both receive a date for your first hearing. This is called the temporary orders hearing.

A hearing is a legal requirement in Michigan before temporary orders can go into effect.

Preparing for Your Temporary Orders Hearing

When you’re preparing for a temporary orders hearing, it’s best to collect documentation that supports the reason for your request.

What you’ll have to say at the hearing will depend on your specific request. Generally, you’ll need to provide a statement giving your reasons for requesting the order and answer any questions from the judge.

To increase the likelihood of having the order granted, you should bring along copies of any documents that strengthen your position and show that the temporary orders are necessary.

For example, if one spouse has denied the other access to children, messages showing this can be submitted as evidence.

When you work with a family law attorney, the guesswork is removed from the process. An attorney will help you prepare your statement and advise you on how to collect relevant supporting documentation to increase your chances of being granted the outcome you want.

What Happens After a Temporary Orders Hearing?

A temporary orders hearing can have a few different outcomes.

First, the judge will either approve or deny your request based on the statements and evidence given by you and the other party. A judge might deny your request if you fail to provide adequate proof that the temporary orders are necessary.

If the judge approves your request, you’ll be granted temporary orders. These usually go into effect immediately and remain in place until the divorce is finalized.

After the divorce has been finalized, the terms of the temporary orders no longer apply, and agreements over issues like support and custody must follow the new terms set in the marital settlement agreement.

Some cases can be more complicated. A judge may think you have grounds for the request but haven’t provided sufficient documentation. When this is the case, you may be granted temporary orders that only remain in effect until a subsequent hearing date. You’ll need to collect additional documentation and return it to court for another hearing.

The Gucciardo Law Firm, PLLC Can Help

Family law cases are stressful and can be life-altering. An experienced lawyer makes the process much easier to navigate. If you need help with temporary orders or navigating the divorce process, Gucciardo Family Law can help. Call or complete an online form to schedule a free new client consultation with Gucciardo Family Law.