Question:
Can a temporary order be put in place if the ex-parte motion is denied?
A judge signed temporary orders one day before denying an ex-parte motion because it was ruled there was no emergency, however the dismissal papers I have from the court were not signed by the judge.
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota divorce laws where I am licensed to practice.
Generally, an ex-parte motion can be granted if an emergency exists. If an emergency does not exist, then the court can deny the relief on an emergency basis.
A denial of a motion on an emergency basis does not preclude the same relief being granted at a temporary motion after a hearing where both parties are permitted to present evidence either by affidavit or testimony. How the evidence is presented depends on your state’s procedures.
You should contact the court to see if a temporary motion date has been set because you need to see what actually is happening in your case, and you will want to obtain the actual documents signed by the court or ordered by the court.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Minnesota Divorce Lawyer Andrew J. Laufers, contact Cordell & Cordell.
