Despite how dire the circumstances may seem to you, courts won't necessarily consider every issue in your divorce to be urgent, but there are certain scenarios that require immediate attention: These divorce-related emergencies usually involve children or money.
Matters Involving Children
A court will immediately address safety concerns—for example, if one parent's substance abuse is endangering the children. In this case, a court will almost always grant an emergency request for temporary custody orders to restrict that parent's access to the children. A judge may order supervised visitation, which means that parent can only see the children in the presence of a responsible adult.
Visitation disputes may require emergency orders if the usual court methods—which can often take a month or more—would be insufficient. Failure to return a child after visitation, for example, would likely pass the urgency test. Another instance requiring immediate court action is where a parent tries to take a child out of state, without the other parent's permission. A court will normally block this attempt, at least until it has a chance to hear all the pertinent facts.
Temporary Child and Spousal Support
Every state has mechanisms in place to address child support and spousal support while the divorce progresses. These aren't generally considered emergency matters.
However, some financial problems require swift court action. Take this scenario: your spouse has been paying support—or maybe household bills—and then stops. Suddenly, your world is in disarray, and there is very real concern about your ability to pay the mortgage or rent, keep the lights on, and put food on the table.
This is not your average temporary support situation, because time is now of the essence. Spouses who stop paying can request that the court hear their side of the story, and court rules and regulations provide for that. But judges will usually restore financial stability by issuing an emergency support order until the parties can appear at a hearing and sort things out.
Bank Accounts and Other Property
It's quite common for spouses to request a court order freezing bank accounts at the beginning of a divorce. In fact, in some states, such as California, automatic temporary restraining orders (ATROs) go into effect when a spouse files the divorce petition (complaint). ATROS prohibit spouses from transferring or wasting funds in accounts without written, mutual consent
The reason for this is obvious—no spouse wants the other one cleaning out the till. But sometimes this activity happens before a court can step in. If your spouse has already taken a substantial amount of money, you can ask the court for an emergency order directing banks to freeze certain accounts and directing your spouse to replace the funds.
Another nightmare scenario is where one of the spouses starts selling off or giving away marital property. Because each spouse is almost always entitled to a portion of the marital estate, it's important to preserve those assets until the court can decide how they should be divided, which usually happens at the end of the case. So it's important to get a court order preventing unauthorized disposition of property.
In the case of either spouse emptying bank accounts or wasting marital property without permission, the court can make things right by distributing more of the remaining property to the innocent spouse as a form of reimbursement. But it's best to address or even prevent the issue up-front, if at all possible.
Domestic Violence
Divorces are almost always emotionally charged—some more so than others. Anxiety and bitterness can often cause spouses to act out, resulting in physical or mental abuse.
Although a domestic abuse crisis can undoubtedly relate to children and finances in certain ways, first and foremost it's about safety. An alleged act of domestic violence will elicit immediate action—day or night. Domestic violence (DV) differs from the other topics referenced above, because all courts have specific, separate protocols in place to handle DV cases.
If it appears that abuse has occurred, a judge will almost always issue an emergency protective order or "EPO" that prohibits any contact between the spouses. The EPO will be in effect until the court can hold a hearing to decide whether there's a basis to grant a longer restraining order.
Obtaining an emergency order in certain cases can be tricky, and a solid working knowledge of the court rules and regulations is a major asset in navigating the process. If you're in a divorce-related crisis, contact a local divorce lawyer for advice.