Kids, Cash, & Restraining Orders: Divorce’s Incidental Matters

There are innumerable issues that come up for Parties incidental to divorce:

  • Where will the kids live?
  • When will each Party get to see the kids?
  • Where will the money come from to support the kids?
  • What obligation does a working Party have to support a non-working Party?
  • Who gets to stay in the house?
  • Who gets to use the car(s)?
  • Who pays which bills?
  • Will the health and car insurance be cut off?
  • What if the other Party gets rid of all of the community assets?
  • What if the other Party lets all of the community bills go to the collection agency?
  • What if the other Party engages in harassment and/or abuse?

These are just some examples of the most common concerns Parties going through divorce bring to the table. While there are no guarantees either Party will have these questions resolved in their favor, there is a mechanism by which they can seek to have them resolved in a fair and judicious manner.

Either the Party who files the initial Divorce Petition, the Defendant who files an Answer & Reconventional Demand, or both, may request incidental relief by asking for the Court to set a "Rule Date" to determine any or all of the following issues:

  1. Whether Temporary Restraining Orders against getting rid of community assets should be made permanent.
  2. Whether Temporary Restraining Orders against abuse and/or harassment should be made permanent.
  3. Who shall have custody of the children, and pursuant to what custody schedule.
  4. What amount of child support shall be paid, and by whom.
  5. What amount of spousal support shall be paid, and by whom.
  6. Who shall have exclusive use and occupancy of the family home during the pendency of the divorce.
  7. Who shall have exclusive use of each vehicle, or other community assets, during the pendency of the divorce.

This list is illustrative and not exhaustive. Each family's situation is unique and may require additional requests for incidental relief.