Many temporary things become permanent. The Eiffel Tower, which was built for the 1889 World’s Fair, is a good example. At the time of its construction, its builders planned to dismantle it by 1909. Only a last-ditch effort saved the structure that became an icon of Paris. Divorce temporary orders technically expire when the judge enters final orders. However, temporary orders often serve as the blueprint for these final orders.

Therefore, assertive representation from a Waldorf, Maryland divorce lawyer at the Law Office of Robert R. Castro is critical at this stage. If one side dictates the terms of the temporary orders, the other side is at a severe disadvantage. Usually, the same judge enters temporary orders and final orders. Even if the temporary orders are not perfect, most judges believe the devil they know is better than the devil they don’t know. Only early legal representation changes what is often a predetermined outcome.

Temporary Hearing Nuts and Bolts

Usually, the judge holds a divorce temporary hearing about two weeks after the petition is filed. So, a Waldorf, Maryland family lawyer has little time to prepare for this hearing, especially if that lawyer represents a respondent who was blindsided by the other spouse’s divorce filing.

Temporary orders set behavioral and financial ground rules for the divorce proceeding. These behavioral rules usually include a property-and-parties restraining order, which basically instructs both sides to go to their corners and come out fighting.

These behavioral rules also include timesharing schedules. Many times, an informal timesharing schedule is already in place if the spouses have been formally or informally separated for several weeks or months. Unless there’s evidence that the child’s physical and/or emotional well-being is in jeopardy, courts rarely significantly alter existing arrangements.

Financial provisions in temporary orders usually include alimony and child support clauses. The court sets alimony according to the obligee’s financial need and the obligor’s ability to pay. Set guidelines usually determine child support payments. Maryland is an income share state. So, the child support guidelines consider a number of factors, such as the proportionate income of both spouses, the number of children before the court, and the child’s special needs.

Game-Changing Evidence

Temporary orders are not set in stone. The judge may modify these orders, or not consider them when preparing final orders, if game-changing evidence surfaces. This evidence usually includes financial bombshells and unexpected social services investigation reports.

Lawyers often uncover financial bombshells, like hidden assets or accounts, during discovery, a process that requires both parties to put all their cards face-up on the table. Discovery usually includes document requests and witness depositions. Significantly, a lawyer must know the right questions to ask in order to uncover game-changing financial evidence.

If parenting time is contested, most courts order social services evaluations. A social worker interviews the spouses and otherwise looks into custody and visitation matters. The social worker’s conclusion is not technically binding on the court. But it might as well be. Similarly, many courts appoint attorneys ad litem to represent children. An ad litem’s report could affect the final orders as well.

Presentation matters. Top chefs know how to win over diners by making food look and smell good on the plate. Likewise, an experienced lawyer knows how to present game-changing evidence in such a way that the judge cannot overlook it. Lawyers also know how to blunt the effect of game-changing evidence, so the temporary orders remain in place.

Contact a Dedicated Calvert County Lawyer

Both parties have important legal and financial rights in divorces and other family law proceedings. For a confidential consultation with an experienced custody lawyer in Charles County, Maryland, contact the Law Office of Robert R. Castro, 2670 Crain Highway #411, Waldorf, MD 20601. Call us at (301) 870-1200 or go online now.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions, contact our office to speak to an experienced lawyer at (301) 870-1200.