QUESTION
When does the temporary order expire if no end date was mentioned?
Asked on Apr 15th, 2014 on Divorce - Florida
More details to this question:
My ex-wife and I filed for divorce June 2013. We had a temporary order hearing on October 2013 because she wanted me to pay her car payment. The judge made a temporary decision for me to pay half the payment. On May 2014, the final decree was finally signed by the judge but no mention on payment of the vehicle.
6 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally the final order extinguishes the temporary order. However you may need an attorney to review the file to be sure.
Answered on Apr 22nd, 2014 at 10:34 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Your done. Once the final decree is entered, the temp orders are replaced automatically by the final decree.
Answered on Apr 22nd, 2014 at 10:28 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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If the car payment order was indeed a temporary order, then it should no longer be in effective when the final decree is ordered.
Answered on Apr 21st, 2014 at 2:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to review the orders and judgment in order to be able to form an opinion as to whether or not you have a continuing obligation.
Answered on Apr 21st, 2014 at 2:28 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Generally speaking, whatever the Decree says is what controls. There is usually a paragraph in the Decree, however, which keeps in full force and effect the financial arrangements of the Temporary. That is not always the case and if there is no such paragraph, the obligation should be at an end.
Answered on Apr 21st, 2014 at 2:28 PM
If there was no mention on the payment issue in the final judgement, go back to Court and ask the Judge for a final end date. Until that time, keep making payments. If you stop, you may be found in contempt. Good luck.
Answered on Apr 21st, 2014 at 2:23 PM