Hopefully, once you start divorce proceedings or a custody case, things go quickly, and you can iron out your differences and move on with life. However, that isn’t always the case. Sometimes, one spouse refuses to cooperate or be reasonable. In those cases, you might have an issue that cannot wait for a trial. In these situations, you should be made aware of relief available for you before trial.
If you are considering divorce or have been served with divorce or separation documents, contact an Arcadia family law attorney to ensure that you know your rights.
Temporary Relief
Often, when an issue needs immediate attention, you can ask the court to rule on that issue before the final hearing. In most cases, the court issues a temporary order. The temporary order is often made permanent at the final hearing.
The relief is known as a request for order, sometimes referred to as an RFO. In short, you motion the court to ask for the particular relief you need, such as payment of child support, visitation, or payment of bills.
What Issues Can I Ask for in an RFO?
You can use an RFO to ask for most relief, including:
Child Support
If you are separated, but your spouse or partner refuses to contribute financially to their child, you ask the court to order child support. Your attorney will gather the financial information required from you and your spouse or partner and draft a request for order for child support to file with the court.
Time-Sharing
You can use a request for order to ask for time-sharing or to deny time-sharing in appropriate circumstances. You might be entitled to time-sharing, but your spouse or partner continuously disallows your children to visit.
In other cases, your spouse might have the children, but they have issues, such as substance abuse, or might be physically and emotionally abusive to the children. In this case, you can ask the court for sole custody or supervised visitation for your spouse.
Spousal Support
If you stay home to raise the kids or allow your spouse to obtain a degree to better their financial well-being, you might need spousal support until you get on your feet. You can use an RFO to ask the court for spousal support while you get back on your feet.
Parenting Schedule
Knowing when you can see your kids allows both parents to schedule activities or work. If one parent refuses to implement a fair and reasonable parenting schedule based on both parties’ work schedules, you can use an RFO to ask the court for a parenting schedule in the children’s best interests.
Payment of Bills
In some cases, one of the spouses hasn’t worked but instead stayed home to care for the children. If the spouse that stayed home keeps the marital home, they might need help paying some of the bills to keep the house. You can ask the court for financial support from the working spouse to help pay bills.
Contact an Arcadia Family Lawyer
If you are ready to file for divorce or separation, or if your spouse has already filed, contact an Arcadia family law attorney for a free consultation.
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