By: Danielle Murphy, Paralegal
If you are currently dealing with a divorce or a custody modification, then you have probably heard your attorney mention the need for Temporary Orders. A Temporary Order is exactly what it sounds like; a temporary agreement regarding custody of a child, access to the marital home, access to joint bank accounts, vehicles, and other issues that lasts until you can file your Final Order. These orders can be agreed to, or if you can’t agree, then a Judge can rule on the Order for you in which case you would have to have a hearing for the Judge to determine possession and access.
It is important to have plenty of evidence to support your case at this hearing so that you get the outcome you want. Below are four categories of evidence that can help make your case in front of a Judge.
- Income Taxes, Paystubs, Bank Statements
This type of evidence is especially relevant if you are dealing with custody of a child, because these documents can be used to calculate child support, determine how childcare, health insurance and other costs are split. If you are dealing with a Divorce, these documents can help determine who has access to certain bank accounts, and how mortgages and other bills should be split. - Photos/Videos
For child custody, any photos of you and your children are helpful as well as photos of any injuries, neglect, drug use, or otherwise will help you. For Divorces, any photos evidencing damage to the home, vehicles or other property, photos of any family violence or proof of infidelity will be useful to your attorney. - Texts Messages, E-mails, Social Media Messages
Any written conversations between you and your spouse/parent that evidence abuse, neglect, family violence, harassment or even just poor communication regarding important family matters are worth showing to your attorney as they will definitely help your case in front of a judge. - Bills/Receipts
Any bills, receipts or check stubs that detail joint or separate payments towards bills, medical care, home repairs, child support or otherwise will be relevant at your Temporary Orders hearing, especially if you are seeking financial relief.
While this list is just a general suggestion for useful evidence, if you think you have documentation that will be useful to your case, be sure to send it to your attorney for review. Even if it is not useful at a Temporary Orders hearing, it can still be useful at Trial or Mediation.
