In New York, starting a divorce process with a Summons With Notice is a common practice. This document not only initiates the divorce but also informs the other spouse of the relief the filing spouse is seeking, such as custody, child support, spousal maintenance, and division of property. One of the crucial aspects of this process is the ability to request temporary orders while the divorce is pending. These orders provide interim relief and establish critical arrangements, such as living arrangements and financial support, during the legal proceedings.

What Are Temporary Orders?

Temporary orders, also known as Summons With Notice Divorce New York orders, are court orders that address immediate needs while a divorce case is ongoing. These orders are not permanent and will be replaced by the final divorce judgment once the case is resolved. Common types of temporary orders include:

• Child custody and visitation: Establishing where the children will live and setting a visitation schedule for the non-custodial parent.
• Child support: Determining how much one parent must pay for the children's living expenses.
• Spousal maintenance (alimony): One spouse may request temporary financial support from the other.
• Exclusive occupancy of the marital home: One spouse may ask the court to grant them the exclusive right to remain in the marital home during the divorce.

How to Request Temporary Orders with a Summons With Notice

When you file a Summons With Notice, you can simultaneously request temporary orders through a separate motion. Filing the Summons With Notice alone will not automatically grant you temporary relief. To do this, you must file a motion for temporary relief, usually accompanied by an Affidavit of Support and other relevant documents.

In your affidavit, you will need to outline your reasons for requesting temporary orders and explain why they are necessary for your well-being or the well-being of your children during the divorce process. The motion should be detailed, providing financial statements, living arrangements, and other essential information to help the judge make a decision.

Why Are Temporary Orders Important?

Divorce proceedings can take months or even years, and during this time, many aspects of your life may be in flux. Temporary orders help provide stability in these areas:

Children's well-being: Temporary custody and support orders ensure that children's needs are met while the parents work through the divorce process.

Financial security: Spousal maintenance and child support orders prevent either spouse from suffering financially during the proceedings.

Living arrangements: Temporary orders can resolve disputes about who stays in the marital home, which is often a contentious issue during divorce.

How Long Do Temporary Orders Last?

Temporary orders remain in effect until the divorce is finalized, at which point the court will issue a final judgment that may or may not replace the temporary orders. In some cases, temporary orders may transition into final orders if both parties agree to continue the terms.

If you're filing for divorce in New York and using a Summons With Notice, you can request temporary orders to ensure that critical matters such as child custody, financial support, and living arrangements are handled while your case is in progress. It’s important to act quickly and work with a legal professional to prepare the necessary documentation and ensure that your interests are protected during this challenging time.