Iurisperiti et eorum lingua Latina! Lawyers and their Latin—where you might say “cut that out,” lawyers will assert an estoppel. We could give a dozen examples but check out “pendente lite” orders. Uh, that would be temporary orders in divorce, child custody, and parent visitation, thankyouverymuch.

Why a Temporary Order?

We have talked before about pendente lite agreements and orders, which are legally binding commands to both parties in a family law matter while the family law matter is making its way through Virginia’s courts.

One of the jewels of the legal system is its ability to wring emotion out of proceedings, so that only clear-headed, logical, legal argument prevails. This is often frustrating, but it is also the reason court calendars seem to treat months like ordinary folks treat minutes.

“Dragging out” a legal proceeding gives both sides time to frame their strategies, gather their witnesses, evidence, and documents, and negotiate solutions.

That long, drawn-out process could invite abuse of the system. So, temporary orders are placed by a Circuit Court judge (in divorces) or a Juvenile and Domestic Relations judge (in cases regarding the kids).

What Does a Temporary Order Do?

Under Virginia Code § 20-103, a judge may make an order:

  • To compel a spouse to pay any sums necessary for the maintenance and support of the petitioning spouse
  • To enable such spouse to carry on the suit
  • To prevent either spouse from imposing any restraint on the personal liberty of the other spouse
  • To provide for the custody and maintenance of the minor children of the parties, including an order that either party or both parties provide health care coverage or cash medical support, or both, for the children
  • To provide support … for any child of the parties to whom a duty of support is owed
  • For the exclusive use and possession of the family residence during the pendency of the suit
  • To preserve the estate of either spouse, so that it be forthcoming to meet any decree which may be made in the suit
  • To compel either spouse to give security to abide such decree

Additionally, a temporary order can compel both parties to maintain or purchase life insurance policies.

Et Cetera

Our favorite part of the title of § 20-103 is the last word. Here’s the full title: “Court may make orders pending suit for divorce, custody or visitation, etc.”

Et cetera. Of course it’s Latin, for “and the rest.” What rest? The one little law is carrying a lot of baggage already, but the legislators were not done. A temporary order can also be used to:

  • Compel both parents in a family law case to attend educational seminars on conflict resolution, parenting, the effects of divorce or separation on children, and more
  • Retroactively award child support, spousal support, or both
  • Issue protective orders barring entry into the family home
  • Issue orders for custody, parenting time, and child maintenance

Why All the Fuss?

A separation and divorce can take years. During that time, no party, and the children of both parties, can be left in legal limbo. Virginia’s courts protect the Commonwealth’s most vulnerable citizens—its children—with a zeal typically seen in black bear mamas. The courts will order every kind of protection (financial, physical, emotional, medical) necessary for children to be sheltered from the ups and downs of separation and divorce.

No child is ever responsible for parents’ choices, whether that is to marry, to cohabitate, or to separate and divorce. Children should not suffer for their parents’ decisions.

After ensuring the safety and support of the children, Virginia’s courts will also attempt to preserve both parties’ ways of life as nearly as possible, by compelling temporary spousal support. That often means the higher income earner pays something to the lower income earner.

Last, since the courts fully acknowledge the glacial pace of legal proceedings, the legal system attempts to help both parties chill, relax, kick back, and stop sweating the small stuff. Sure, your entire life is turning upside down, but both parties need to feel safe while riding the roller coaster. That is the reason protective orders may be issued. Both parties stay in their neutral corners. Let the attorneys come out and fight. You and your soon-to-be-ex-spouse need to stay calm.

My Wife Was Granted a Temporary Order

If you hear from your family law attorney that a judge has issued temporary orders, do not let it ruffle your feathers. The news could cover any number of topics:

  • Custody
  • Finances
  • Residency
  • Legal procedures
  • Safety

Let your lawyer lift the heavy weight and interpret the order for you. Take the executive summary, even if it includes a protective order against you. You cannot add any evidence to the other party’s case, not from the day you separate to the day the final divorce decree is entered.

Sure, it is a temporary order, but it is legally binding, may last for years, and will affect the future of your case. If in doubt, talk it out with your family law attorney.

Reach out to us today at The Firm For Men, or telephone our Virginia Beach office at (757) 383-9184. We specialize in protecting Virginia’s men in all areas of family law. We can defend your rights, safeguard your finances, and preserve your peace of mind.