Status Quo During Divorce

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Status Quo During Divorce

There are a lot of loose ends after a divorce has been filed. Majorly dealing with payments, such as: bills, child custody, support issues, and so on.

This may be a very big issue in many aspects, most because right after the divorce has been filed, there are not any orders in place through the court. Without these given orders in place, many individuals in opposing parties are not sure what they’re allowed or not allowed to do.

Sometimes, the parties will end up in court on a pedente lite or “temporary motions”. In these given motions, the opposing parties ask the court to enter an order for the payment of bills, child custody, support issues, etc, while the divorce case is pending. The opposing parties typically do not agree on these items, leaving the judge to have to decide. Rarely, the parties are able to agree.

Prior to pedente lite or better known as “temporary motion,” judges are usually looking for the maintenance of the status quo. These laws vary from state to state. Individuals are advised to get the advice of an attorney that is licensed in the given state. As a general rule, maintenance of the status quo pending further order of the court is what lots of judges are hoping for from the parties. That means the parties are generally expected to pay bills and obligations in the same matter prior to divorce.

Parties are also expected to each give each other access to the children. Money and assets are generally not to be moved, transferred, encumbered or concealed.

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