Dissolution Of Marriage: What Comes Next?

When a party files a petition for dissolution of marriage or separation, the court may issue several types of temporary orders to protect the interests of both parties. The court’s primary concern is the well-being of the children. The other major consideration is the financial interests of each party. These orders are temporary and are subject to change as the matter progresses.
 

Child Support

Either or both parents are expected to pay any amount necessary to support their minor children. The child support calculator will give an amount that is presumed to be correct in the absence of special circumstances. Child support orders are retroactive to the date the petition was filed and stand until the court issues a new order or modification.
 

Child Custody or Visitation

In all custody and visitation matters, the court’s orders must always be in the best interest of the children. When a petition for dissolution is filed, the court may issue any temporary custody or visitation order that seems appropriate under the circumstances to protect the children’s health, safety, and welfare.

In most situations, it is assumed that consistent contact with both parents is best for the child. However, this is probably not the case in situations where there has been domestic or child abuse. Usually the abuser will only be allowed supervised visitation while the other parent retains sole custody of the children.
 

Spousal Support

The court looks at the family’s accustomed marital lifestyle to determine whether to issue a temporary spousal support order. The court may order the supporting spouse to pay any amount deemed necessary to support the other in maintaining the same standard of living that existed within the marriage.

That said, it costs a lot more to maintain two households instead of one, so it is not always feasible for the supporting spouse to provide the other with the same standard of living. In such cases, the court’s temporary spousal support order should reasonably consider the resources and needs of both parties.

When determining how much a supporting party can pay and how much the supported party actually needs, the court looks not just to income. It also considers assets and may even factor in potential income if one party is purposely under-employed.

While the court has broad discretion to determine the amount of a temporary spousal support order, there is an exception in the case where the spouse seeking support has committed domestic violence or a sexually violent felony against the other. In this situation, the offending spouse will typically not be entitled to spousal support.
 

Property and Debts

Once a petition for dissolution is filed, both spouses have a fiduciary responsibility to each other with respect to the couple’s shared assets and debts. One party may not take any action concerning shared property and assets that disadvantages the other. Temporary court orders may be issued regarding which spouse will take possession of property such as a house or car.

If one party believes that the other is going to take money out of a joint bank account, the concerned party can initiate an adverse claim procedure. The court can then freeze the account for up to three court days to give the concerned spouse enough time to file an injunction.

Temporary court orders don’t only concern the handling of the couple’s income and assets. They may also control how the parties pay their debts. If the couple mutually contributes to paying on a joint debt, the court may require that one party not disadvantage the other by refusing to pay their share.

At the initial filing of the petition for dissolution of marriage or separation, the court cannot possibly consider all factors involved when issuing these initial temporary orders. All of these orders are subject to modification or replacement as further information is presented.
 

Consult an Attorney

Whether you are considering filing for dissolution or have already initiated the process, it is important to have the guidance of an experienced family law attorney. Matters pertaining to child support, spousal support, and shared property are complicated, and effective counsel can help ensure an equitable outcome.