Establishing the Status Quo

It takes close to a year, if not longer, before a Complaint for Divorce or a Complaint for Modification to make it to trial. Accordingly, that's why the Court will often entertain a motion (request) for temporary orders. Here, you're asking the Court to establish the "status quo." Isn't it important to determine how to handle the finances, living arrangements, status of the marital home, or other important issues as the legal proceedings are worked out?

Very common in the legal community is the Latin phrase "pendent elite" which means pending the litigation. When the court makes an order, for example, for temporary child support, it only lasts until the date of a trial or until the litigants work out a settlement.

As you prepare your legal strategy, don't forget to ask your lawyer - or the court itself - for temporary orders; however, always remember that you must show clear injury when you're seeking a specific relief in your motion. The Judge has to follow certain statutory law which prevents him or her from abusing their discretion. Massachusetts General Laws Chapter 208, Section 28 states:

"Every order entered relative to care and custody shall include specific findings of fact made by the court which clearly demonstrate the injury, harm or damage that might reasonably be expected to occur if relief pending a judgment of modification is not granted."