What kind of temporary orders you can get in Arizona family court, and how.
Typically Arizona divorce and custody cases take months to make it to court. But if you're getting divorced and need a quick decision from a judge about who gets the kids, the car, the money in the bank accounts, or the house -- or if you need money for support right away -- obviously you can't wait that long.
You don't have to. When couples separate, important issues are often resolved in a short evidentiary hearing before a judge, instead of requiring a full-scale trial.
Even though these hearings are shorter than trials, their brevity means that you must be prepared and know exactly what you want. You may have only a few minutes to ask for it.
What Temporary Orders Are For
Let's say a husband moves out, and the wife who's left behind needs money to feed and shelter the children. Realizing that her children would starve long before a full trial could be held, she is desperate for help. She can go to court to request a temporary order from an Arizona family court judge, even though a formal divorce action has not yet been set for trial and discovery may not have been completed, or for that matter, even started. Her request will be put on a fast track, and an evidentiary hearing will be scheduled within weeks in most cases.
Spouses can also ask the Arizona family court to temporarily:
- restrain a spouse from coming near or contacting the other (or, if he or she hasn't already done so, to move out of the family home)
- establish child custody and visiting arrangements
- provide for spousal support (alimony) and/or child support payments
- order either spouse not to sell valuable assets, and/or
- give possession of the family home or car to one of the spouses.
These temporary orders are usually valid until the court holds another hearing or until the spouses arrive at their own settlement through negotiation or mediation.
When to Ask for a Temporary Order
When someone moves out of the house, one of you should go to court right away to quickly resolve any critical issues, such as spousal support. And, if the children will be staying with you, you should immediately file for custody and child support.
This accomplishes two things. First, you will be awarded the proper amount of child support and the court will acknowledge that you live with the children -- often granting physical custody right off the bat. Second, your spouse cannot successfully claim that the children were kidnapped. This may sound extreme and unlike your future ex-spouse, but some people behave uncharacteristically when under duress and feeling threatened. And, if your future ex-spouse raises such a claim, the police or judge are usually obligated to hear her or him out. However, when you arrive with proof that you filed for custody and child support, the court will most likely dismiss a kidnapping claim.
How to Ask for a Temporary Order
To get a court order, you must prepare and file some paperwork. Here's what you'll probably need
- A request for the court order you want.
- A supporting affidavit. This is a written statement, under penalty of perjury, setting out facts that legally justify the issuance of the temporary order -- for example, the need for money to support your children. You can also submit declarations of other people who have first-hand knowledge of the facts.
- A proposed temporary order granting you the relief requested. This order will be signed by the family court judge if he or she grants the relief you request.
- A proof of service. This is a document that proves to the court that the papers have been properly delivered to your spouse.
What to Expect at the Hearing
Your next step is to attend the court hearing where the jArizona family court udge will consider your request. In emergencies, the hearing can be held within a few days.
The judge will:
- review the details of the requests and the underlying facts
- possibly ask you some questions
- ask your spouse, if present, for his or her side of the story, and
- in child support cases, refer to state guidelines on recommended support, given factors such as each spouse's income and who has primary custody of the kids.
At its conclusion, the Arizona family court judge will likely make a ruling, usually either issuing the temporary order you requested or modifying it somewhat. Orders such as these stay in effect only until the divorce is finally settled, either through a trial or when you and your spouse reach an agreement.
