Using Temporary Orders In Place Of Legal Separation In Fort Lauderdale

The relationship between a couple can break down for a variety of reasons. However, despite problems in their marriage, some are not ready to file for a divorce in Fort Lauderdale.

Living apart from one another can help clarify issues and what you want moving forward, but there is no option for legal separation. Getting a temporary order through the Broward County Court can help in this situation, providing legal protection and structure without changing your legal status.

Temporary Orders: A Substitute for Legal Separation In Broward County

The Florida statutes provide clear guidance for getting a divorce, but there are no provisions for a legal separation. There are a variety of different reasons why a couple might pursue a legal separation in Fort Lauderdale rather than filing a divorce petition. Concern over financial matters, disapproval of your family, culture, or community, or holding out hope for a reconciliation are all common.

Temporary orders provide a solution for couples in these cases, establishing each party’s legal rights and obligations. Divorce-related issues that can be addressed in temporary orders in Fort Lauderdale include:

• Rights to marital property: You can request a temporary order giving you rights to the marital home, family vehicles, household furnishings, money in bank accounts, and other assets.
• Division of expenses and spousal support: A temporary order can allocate responsibility for marital debts as well as spousal support payments.
• Child custody: A temporary order can help protect your rights and your child’s best interests when it comes to custody and child time-sharing.
• Child support: A temporary order for support helps ensure any children you and your spouse have continued to be provided for properly.

Keep in mind that while these are only temporary orders, they remain in effect until you eventually get a divorce or any further orders are issued.

How to Get Temporary Orders in Fort Lauderdale

Temporary orders may be an option if you are separating from your spouse but don’t want to get a divorce in Fort Lauderdale yet. However, despite being temporary, obtaining these orders still requires attending legal proceedings in the Broward County Family Court. The following explains the process:

• Temporary orders can only be issued as part of divorce proceedings, so you must file a Petition for Dissolution of Marriage in Fort Lauderdale;
• Submit a Motion for Temporary Relief, detailing the specific temporary orders you’re requesting;
• Attend a hearing, where a judge can review your motion and the evidence presented in your case.

Once the judge puts temporary orders in place, both parties are required to comply with the terms. If they don’t, they could face serious legal consequences.

Discuss Your Options Today With Our Fort Lauderdale Divorce Attorney

Temporary orders provide a practical and legally binding solution for couples who want to separate but are not ready for a divorce. As an experienced Fort Lauderdale divorce attorney, Sandra Bonfiglio can guide you in getting temporary orders and taking other legal actions to protect your rights and your family’s well-being. To discuss your options, request a consultation today.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

browardclerk.org/Divisions/Family