Ex Parte Orders and Michigan divorce law: As a Michigan divorce attorney one question I often get asked is what is an Ex Parte order?
“Ex Parte” is a Latin legal term meaning “from one party”. Simply put, an Ex Parte order is an order submitted to the court without first having a hearing or asking the other party to agree. Typically, an order is entered after the court has an opportunity to hear from both parties. An Ex Parte order is different because the order is entered first and the hearing is set for another date.
Ex Parte orders are submitted to the Court for when a party cannot wait for a hearing. For example, if a parent takes a child out of school to obtain an advantage in a divorce case, a court would not likely wait for a date in the future to decide the issue and order the child to return to school by way of an Ex Parte order. The hearing would be set for a later date, when the court has time to hear the arguments.
A more common situation when an Ex Parte order is entered is when a Complaint for Divorce is filed. Two Ex Parte orders are common when filing a Complaint for divorce, an Ex Parte order to maintain the financial status quo, and an Ex Parte order to restrain the parties from transferring property during the divorce proceedings. These Ex Parte Orders can provide protection to both parties against an unwanted liquidation of the marital estate during the divorce. These orders essentially provide that the parties cannot do anything out of the ordinary during the course of the divorce process.
An Ex Parte order is an effective tool used by Michigan divorce attorneys to provide protection when time is of the essence.
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By: Daniel Findling
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