What Happens to Your Property and Children While You Are Waiting for Your Divorce to be Finalized?

Posted on: Categories: Divorce Law

If you are interested in seeking or are currently seeking a divorce, you have probably fantasized about your post-divorce life. You likely have a vision for your home, things you will do with your children, and things you will do to improve your quality of life. While most people seeking a divorce have an idea of what their new life will look like, they usually have no idea what their life looks like while they are waiting for their divorce to be finalized? Who gets the house? Who has custody of the children? Read on to learn more about these and other important questions.

What is a Standing Order and How Does it Work?

Divorcing in Florida can be a lengthy process. That is why many Florida courts will issue what is called a standing temporary domestic relations order once a party files for divorce in the court. A standing order provides divorcing couples with guidance on how their assets should be treated while the divorce is waiting to be finalized, as well as how child custody will work during this period.

While every divorce is different, there are some common features applicable to most standing orders. First, spouses are generally prohibited from selling property or hiding it so that the other spouse cannot find or access it. This includes property like bank accounts, any real or personal property that can be sold, and other assets which can be divided up during a divorce. It is helpful to take a copy of your standing order to the bank where you and your spouse keep your assets so your bank can protect you against any efforts your spouse may make to take or hide your joint assets. Of course, not all spouses will do this, but because divorce can bring out the worst in people it is better to be safe than sorry.

Next, a standing order will also describe custody arrangements for minor children during the divorce pendency period. It will prohibit children from being kept or hidden from one parent, and will account for any out of state or out of country travel a parent plans to take with their child. It will outline the communication requirements you must abide by when you are traveling, and it also requires parents to take a parenting class to assist them in developing critical communication skills they should use when co-parenting during this time.

While you may think that these orders are temporary, and therefore do not need to be strictly adhered to, this is an incorrect way to approach standing orders. Courts take these orders very seriously, and if you fail to abide by them that could impact the ultimate outcome of your divorce case.

Need a Divorce?

Divorce can be complicated, especially when children are involved. Often, divorcing couples have more questions than answers. At Blair H. Chan, III, PLLC, our family law attorneys have extensive experience representing clients throughout the divorce process, and we combine compassionate representation with skilled and assertive negotiation to ensure you and your children emerge in the best position possible to begin your new life. Contact us today to discuss your options.