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Starting the Divorce Litigation Process

Starting the Divorce Litigation Process: Filing a Complaint and Temporary Orders

 

The first steps in divorce litigation are crucial and set the stage for the entire process. At Sarnacki Law Firm, we help you navigate these initial stages effectively. Here’s what you need to know about filing a complaint and obtaining temporary orders.

 

How to File a Divorce Complaint

 

The litigation process begins with filing a formal complaint with the court. This document, filed by the plaintiff, outlines the basic factual background, states the statutory grounds for divorce, and references the relief sought, such as child custody, parenting time, child and spousal support, and division of assets and liabilities. The complaint must be filed with the clerk of the court and served on the defendant, officially notifying them of the divorce proceedings.

 

What Are Temporary Orders and Why Are They Important?

 

Temporary orders address immediate issues that cannot wait until the final divorce settlement. These orders can cover:

 

  • Child Custody, Parenting Time and Support: Determines where the children will live, when and how they will spend time with each parent, and how they will be supported financially during the divorce process.
  • Spousal Support: May provide financial support to the lower-earning spouse.
  • Possession of the Marital Home: Decides who will stay in the marital home during the proceedings.
  • Health Insurance: Ensures that both parties and their children continue to have health coverage.

 

Temporary orders maintain stability and address urgent needs while the divorce is being finalized.

 

How to Obtain Temporary Orders

 

In many cases, attorneys can promote agreements on temporary issues. To obtain temporary orders when there is no agreement, a motion must be filed with the court. Both parties present their arguments, and the judge will issue orders based on the evidence and testimony.

 

Contact Sarnacki Law Firm to help you file a divorce complaint and secure necessary temporary orders to protect your interests during the litigation process.