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When Should You Use an Ex Parte Order?

Michigan divorce and family law attorneys Henry Gornbein and Alisa Peskin-Shepherd discuss important considerations during a divorce. Here, they discuss when divorce ex parte orders are appropriate for protection or support.

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Henry: Next step is ex parte orders and first of all what are ex parte orders and when should they be used?

Alisa: Ex parte orders mean that you’re filing the order with the court without giving the other side notice first. That’s one of those instances where they may want to file first for a ex parte restraining order, support or to keep children in your custody, so you file for divorce, and your not giving the other side notice first so that the judge can come in if there is a problem and that order has 14 days to object to that order and usually in that time you will serve your complaint on your spouse and give that person the opportunity to object to that order if necessary

Henry: It’s important and I know if we were talking years ago courts were much more inclined to give ex parte orders for custody and support than they are now, and I think the most important ex parte order I give now is one that neither party has to dispose or transfer of any property a kind of mutual restraining order and you keep a even level playing field I think

Alisa: Right and especially if it’s mutual both parties know that they can’t take anything out of either’s house or dispose assets, the judge is more likely to enter that if it’s mutual rather than one-sided

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