What Is a Standing Order in Divorce?

Published 01/15/21 by Admin

divorce paper

Sometimes marriages don’t work out for various reasons. If you live in Ohio and need a Columbus divorce attorney, understand that you will need one skilled in family law matters. If you and your spouse have children and you’re divorcing, an attorney is vital. During your divorce, be prepared to hear many legal terms, including something known as a ‘standing order.’ Though such orders are serious matters, they sound scarier and more technical than they are. 

Defining a Standing Order 

A good Columbus Family Law Attorney will define a standing order as merely a court order that’s valid because it’s active and enforceable by the court. By contrast, invalid standing orders are ones that have expired and are thus unenforceable by the court. There are several types of standing orders, including temporary restraining orders or TROs, and temporary custody orders. Most standing orders are also temporary, though some can become permanent. 

divorce attorney with the couple

When Standing Orders are Issued 

A skilled Columbus divorce lawyer will tell you that standing orders are often seen in divorce situations mainly because so many matters require sorting out. In addition to temporary child custody orders, divorce courts frequently issue spousal support orders, property division orders, and child visitation orders. All such standing orders from the court address matters of pressing importance to one or both parties in a divorce until the court creates more long-term or permanent resolutions. 

Each Standing Order Differs 

Courts issue standing orders tailored to address each unique situation. Depending on the divorce in front of it, a court may issue many standing orders or very few if the divorcing couple intends to achieve an amicable divorce. There’s an adage any reputable divorce attorney Columbus can tell you, though: No matter how amicably your divorce starts, be prepared for at least a few small, if not sometimes large, disagreements with your future ex-spouse. 

Standing Order Expiration 

Standing orders expire for a couple of reasons: 

1. A standing order may contain an expiration date, such as three months after it was issued. 

2. Standing orders can expire once one or both parties to a divorce meet conditions, such as when they both have completed family counseling. 

3. Your divorce lawyer Columbus can also petition the divorce court to modify or terminate a standing order issued during your case. 

fighting couple

Do I Need an Attorney? 

Ohio does allow married couples to file for divorce without an attorney but doing so would be like trying to swim with a 500 lb. weight around your waist. Perhaps a disagreement about who’s awarded the couple’s Ohio State Buckeyes season tickets will arise. Married couples with children sometimes disagree over custody, support, and visitation rights. In almost every instance of divorce, you’re smarter to go with a top-notch Family Law Attorney in Columbus than to just wing it. 

Representing Yourself in Court 

Abraham Lincoln always counseled people to obtain an attorney’s services rather than represent themselves in court no matter how trivial the legal case might be. In all the years since Lincoln practiced law, his advice is still as practical and applicable today as it was then. Representing yourself in court often leads to frustration on both your part as well as the court’s. If you’re in the Columbus area and contemplating divorce, let a quality Columbus divorce attorney put you on the right path to start. 

Go With the Best 

Barr Jones & Associates LLP has law offices throughout the State of Ohio, including in Columbus. Divorce and Family Law rank highly among its specialties. The firm’s staff of highly skilled attorneys also help clients address many other legal issues. Barr Jones attorneys daily deal with bankruptcy, DUI/OVI defense, criminal defense, foreclosure defense, and IRS tax settlements, among other practice areas. You owe it to yourself to reach out to us today.