04 Dec 18

How do we stop support orders if the divorce was dismissed?

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A divorce is a huge undertaking. People getting a divorce need to decide to divide their property up equitably. They also need to agree on other issues such as issues related to child support and child custody. The process of getting a divorce can take weeks or even several months. During this time, both parties may come to the realization that this is not the right course of action for them. They may realize they would rather reconcile and agree to work out any underlying issues instead. As the process of divorce continued, legal processes may have been set in motion. For example, one party may have been asked to pay child or spousal support to the other party. While a divorce can take time, getting support in place can be surprisingly quick. The process of filing such orders can mean that one party is left paying support to the other party under law.

Temporary Legal Orders

Once the parties have agreed to stop the divorce, they’ll want to head back to court. A support order is what is known as a temporary order. Temporary orders begin when the divorce begins. Temporary orders are highly specific legal documents issued by the court. They are documents that are designed to allow all parties to the procedure to understand what kind of rights and responsibilities they have in place as the divorce case continues to go through the court system. After the divorce concludes, these temporary orders can be replaced with what is known as a final divorce decree. This happens when the divorce is fully concluded.

Many Different Types

There are many different types of temporary orders that can be issued by any court. The court may issue temporary custody orders that provides one parent with temporary joint custody or even temporary sole custody. If the couple has a separation where one party is living in a different space, there can be temporary visitation orders that outline how much time the other parent can spend with their children and how often they can see them. The same is true of what are known as child support and spousal support orders. Before these orders are issued, both parties are generally asked to come to court and present any evidence. Both parties are typically asked to reveal information such as their finances, educational background and ties to the children.

The Decision to Reconcile

A couple may decide to avoid getting a divorce because they have worked things out and do not consider it in their best interests at the present time. They may also decide against a divorce for financial reasons. Under these circumstances, both parties may need to head back to court in order to fully clarify matters and avoid any kind of legal problems going forward. The court will listen to the changed circumstances and make sure any new agreements are done to the satisfaction of both parties. A lawyer will make a motion to get the orders dismissed. The court system will agree to dismiss any orders related to the case. This dismissal has the force of law. It should go into place immediately. In many cases, these kinds of orders are taken directly out of a person’s paycheck. In that instance, it’s best for the employee to contact their human resources contact person. They may need to work closely with payroll to make sure that such funds are not being withdrawn going forward. Anyone looking to make such changes should bring all related documentation with them to confirm that circumstances have changed and the orders are no longer in effect.

A Separation

While couples may decide against a divorce, they may ultimately decide that a separation is order instead. Many states allow couples to have a legal separation. They also allow states to decide what kind of financial arrangements they would like to keep in place. A divorce is not the same thing as a legal separation. In that case, the couples may cancel the divorce but keep up separate residences. A couple might wish to work out exactly what kind of fiscal arrangements they wish to keep in place as the separation remains in place. In that instance, it’s best to seek out help from a lawyer. These arrangements can be different then those intended if there’s going to be divorce. The lawyer can help by making sure any necessary legal modifications are made to the former couple’s mutual satisfaction

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