STANDING ORDER

 

Many times a divorce client comes to the initial consultation worried, if a divorce is filed, the other party will immediately spend all the parties’ money, run away with the kids or go out for some vindictive shopping on the joint credit card.  You should feel some comfort that the Courts have contemplated these scenarios.  At the filing of every divorce in Orange and Osceola counties, an administrative order immediately takes effect.  This Order protects the parties from some common problems without the necessity of a temporary hearing to litigate these issues before a Judge.    The order provides for shared parenting if minor children are involved.  Shared parenting means that all major decisions must be made jointly, with the parents conferring and coming to terms.  Shared parenting also means the parent with whom the minor child or children live has a continuing obligation to encourage and nurture a relationship with the non-custodial parent and cannot restrict access to the children for no good reason.  The administrative order also provides that the minor children cannot be moved more than 10 miles from their current residence without written agreement of both parties or order of the Court and encourages the parties to make child support payments to prevent a build up of past due child support.    As for the financial aspects of a Divorce, the administrative order provides that neither party may damage or dispose of an asset nor may either party do anything to decrease the value of an asset.  Finally, neither party may incur additional debt or tie up an asset without written consent of the parties or order of the Court.  This specifically includes joint credit cards which the Court encourages parties to stop using.  The administrative order includes other provisions and may be amended by the Judge if necessary.     If either party willfully fails to abide by the administrative order, the court will sanction the violating party.  This sanction may include monetary payment to the other party. The immediate implementation of the administrative order does not solve all problems but, it is a good tool to aid in a smooth transition through divorce and division of family and assets.
 
 
1015 Maitland Center Commons Blvd.
 Building 106 
Maitland, FL 32751
Telephone:  (407) 447-5080
Email:  joy@theraganlawfirm.com
 
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