Utah attorney, Trevor Osborn, explains what a Motion for Temporary Orders is, how it is used in a Utah divorce, custody, or other domestic case, and what happens at the court hearing for a Motion for Temporary Orders.
In a divorce or custody dispute in Utah, a party will usually file a “Motion for Temporary Orders” right after filing their original petition for divorce or custody.
The purpose of this Motion is to say, “Listen, we know this case may go on for 6 months, 10 months, or even more than a year, and we need to have certain issues resolved by this court during that 6 month, 10 month, or 14 month period of time.”
Here are a few things that may be requested in a Motion for Temporary Orders:
• Physical custody of the children – joint physical or primary physical.
• Legal custody of the children – joint legal or sole legal.
• Parent time — when parents can have parent time with their children.
• Child support.
• Child’s healthcare and dental expenses.
• Division of property — exclusive use of the marital home, exclusive use of vehicles, divide bank accounts, divide other assets.
• Certain restraining orders.
• Division of debts – require that the other party be responsible for the debts which they incurred.
• Virtually any other issue which you believe you can reasonably bring before the Court and ask it to address.
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