What’s a divorce court order?

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Divorce cases can be heard in a specific family court or a general civil court. The court can issue injunctions, custody and child support orders, and orders for disclosure of information. Filing fees can be waived for those who cannot afford them. Final divorce decrees are considered court orders, and non-compliance can result in a contempt of court hearing.

In many legal systems, there is a court specifically designated to hear family law cases, such as divorce. In others, a general civil court hears divorce cases. In either case, the court will often have grounds to issue an injunction for divorce while the case is pending or even after the case has been concluded. Any order made by a judge regarding divorce, either before or after the divorce is finalized, is considered a divorce court order.

Potentially the first divorce court order a plaintiff will receive is an order allowing the plaintiff to file in forma pauperis. Filing for a divorce requires paying a filing fee in most courts; however, not everyone filing for divorce can afford to pay the filing fee. Consequently, in many jurisdictions, the plaintiff can apply to the court to proceed in forma pauperis – or as a poor person. If the judge approves the application, he will issue a divorce court order to that effect and the filing fee will be waived.

Another divorce court order that is issued frequently is a preliminary or interim custody and child support order. When there are children involved in divorce proceedings, the court will have to make a preliminary or interim decision regarding custody, visitation and child support that will last until the divorce is finalized. This order will decide who will have primary physical custody of the children while the divorce is pending, establish a visitation schedule, and direct the noncustodial parent to pay child support. Furthermore, the ordinance can apply to those who will have temporary custody of the primary marital residence.

A compelling order discovery is another divorce court order that can be issued by the judge. Both parties to a divorce generally have a legal right to information about the other party, such as financial records and the results of home studies done for the purpose of determining custody of minor children. If one party fails to disclose that information to the other, the judge may issue an order requiring disclosure.

A divorce court order can also be made after the divorce has been finalized. The terms of a final divorce decree are considered court orders, and both parties are legally obligated to abide by the terms contained in the decree. If a party fails to comply with the orders, the court may order that party to appear for a hearing in contempt of court.




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