EX PARTE ORDERS
When you file a complaint for divorce there are additional pleadings filed called Ex Parte Orders . Some typical examples are: Ex Parte Status Quo, Ex Parte Mutual restraining order, and Ex Parte Custody, Support and Parenting Time Order. These orders are signed by the judge without notice to the other party and becomes an order when it is signed. The judge will read the pleading filed by your divorce attorney and determine whether there is a risk of irreparable harm unless the parties have this order in place.
An example would be if a spouse is planning to take money from a bank account and purchase a condo for a paramour ,an Ex Parte Mutual Restraining Order would prevent marital assets from being used for anything extraordinary by either spouse.
If one parent has threatened to remove a minor child from the state of Michigan then a party filing for divorce would seek an Ex Parte Custody Order that the child must remain in the State of Michigan and in the marital residence until further order of the court.
After your spouse is served with the pleadings by a process server which include a complaint , Verified statement, and the Ex Parte Orders they have 14 days to object to the orders. Your spouse will likely retain an attorney to assist them in answering the complaint and to represent them throughout the divorce proceeding.
You will have all of your questions answered when you meet with your Northville Family law attorney at a consultation.
Michele Kelly is a senior partner at Kelly & Kelly, P.C. with 26 years of experience in the area of family and criminal law. Mrs. Kelly has a certification in Family Law from ICLE and has served on the faculty of ICLE.
A longstanding member of the Northville Community Mrs. Kelly lives and works in Northville along with her husband John Kelly and 4 grown children. The firm handles family law cases in Wayne, Oakland, Washtenaw, Livingston in addition to other jurisdictions in Michigan.