Is a Florida Pre-Trial Order a Divorce?

By Heather Frances J.D.

In terms of emotional ties, a marriage may end quickly, but obtaining a legal divorce can take months or even years. Thus, Florida law allows judges to issue temporary orders to govern divorcing spouses' conduct before the divorce is final. These pre-trial orders do not take the place of a divorce, since they do not dissolve the marriage, but the court can incorporate them into the final divorce decree.

In terms of emotional ties, a marriage may end quickly, but obtaining a legal divorce can take months or even years. Thus, Florida law allows judges to issue temporary orders to govern divorcing spouses' conduct before the divorce is final. These pre-trial orders do not take the place of a divorce, since they do not dissolve the marriage, but the court can incorporate them into the final divorce decree.

Topics for Temporary Divorce Orders

Florida temporary divorce orders can address nearly every topic included in a typical divorce decree, although they do not actually dissolve the marriage like a final divorce does. For example, temporary orders can set temporary alimony payments and child support to be paid until the divorce is finalized. The court can include these same payment amounts in the divorce decree to make them applicable after the divorce. Temporary orders can also address custody, freeze the couple's assets, provide instructions on who pays the litigation expenses and which spouse can continue to use the marital home.

Divorce is never easy, but we can help. Learn More
Divorce is never easy, but we can help. Learn More
Is Life Insurance Required in New York State Law in a Divorce?

References

Related articles

Requirements for Filing for Pendente Lite Relief in Maryland Divorce Law

Divorces can drag on for several months or more, particularly if the spouses cannot agree on the terms of the divorce. Since the court doesn’t issue a divorce decree until the end of the divorce process, Maryland allows its courts to enter temporary orders, called pendente lite, after the divorce is filed but before it is finalized. However, courts do not automatically grant pendente lite relief, so the spouse who wants these temporary orders must make a special request to the court.

Does Florida Recognize Bed & Board Divorces?

People are often under the misconception that there is only one kind of divorce. However, some states recognize two kinds of divorce. The better-known type of divorce is referred to as an absolute divorce, or a complete and final divorce. The other type of divorce is called a divorce from bed and board, or a limited divorce, which separates the spouses financially, while the spouses are still legally married.

Not Obeying a Court Order in a Divorce Decree in New York State

Whether a decree incorporates the terms of a settlement agreement between spouses, or a court orders the decree’s terms after a divorce trial, they are equally binding. A spouse can’t simply ignore them -- at least not without risking potentially serious repercussions. In New York, failure to obey the provisions of a decree can result in jail time if a spouse doesn’t have a good reason.

Get Divorced Online

Related articles

Can One Spouse Take Marital Assets Out of the Home Before the Divorce in Florida?

Florida couples contemplating divorce often separate before the divorce is final, and they may want to split their ...

Temporary Orders Vs. Permanent Orders in a Divorce

The divorce process can take a considerable time from beginning to end. Often, it’s impractical or even ...

Differences Between Temporary Child Custody and Permanent

Most state courts base custody decisions on the best interests of the children. Many legislative codes are vague about ...

How to Divorce a Mentally Unstable Spouse in Florida

A mentally unstable spouse can significantly affect a marriage, and the couple may eventually decide to divorce. Filing ...

Browse by category