“Indianapolis Divorce Lawyer“ Justin Bowen discusses Indiana divorce law:
Continuing our series on what I call “Indiana Divorce Power,”
I thought I would discuss “Provisional Orders” or sometimes
called “Temporary” or “Interim” orders. Remember
the point of this series is to give you education – to empower you.
Knowledge is POWER.
“Provisional Orders” are orders that the court may issue during
the time a divorce case is pending. These are only temporary orders –
and are not intended to last forever. Think of provisional orders as “rules
to play by” while the divorce is in process. Let’s look at
an example.
Let’s say Father and Mother both work. They have two children, a house, a
dog, a mortgage, credit cards, a rental property, bank accounts, and they
each have a car. As we all know, the bills pile up fast. And when a divorce
is contemplated, one of the first places people go is to the kids…
followed by the bank.
Well the court is aware of this, and so are the lawyers. We see it quite
often. People in a divorce are not always thinking clearly under the stress
of the situation and poor decisions are made.
As such, your lawyer may suggest that you seek “provisional orders”
for both parties to follow while the divorce is pending. The provisional
orders might say that Father gets possession of the marital residence,
physical custody of the children, and one car. Mother may get posession
of the car she is driving, the dog, and the rental property. Huband has
to pay the mortgage and the maintenance and insurance on both cars, and
mom has to pay chilld support. They each are responsible for one of the
credit cards. In limited cases, the court may order that one party pay
money each week to the other spouse in the form of “spousal maintenance.”
We will cover spousal maintenance in another entry soon.
So talk to your lawyer about “provisional orders” if you feel
like they are necessary. They provide clear cut rules for everyone to
play by, and they set important boundaries for the behavior of both parties.
If you have questions about divorce, or are considering filing for divorce,
call us today and take advantage of our offer of a free consultation.
We take pride in a very quick response to all of your inquiries.
Indianapolis Divorce Lawyer Justin Bowen of
Bowen Law, LLC.