Don't Leave the Marital Home Without These Must-Have Items! Your Ultimate Checklist for Temporary Order

When a couple decides to separate during a divorce or custody proceeding, one party may need to leave the marital home under temporary orders. While this can be a challenging and emotional process, it's important to think practically and ensure that the departing spouse can set up a new home without the financial strain of buying all new household items. Temporary orders are not a final division of property, so it’s essential to approach the situation with a plan. Here are some suggestions on what to request for exclusive temporary use and how to prepare for the move.

1. Understanding Temporary Orders vs. Final Property Division
Before diving into the details, it's crucial to understand that temporary orders are intended to maintain the status quo and provide stability during the legal process. These orders typically address issues like temporary possession of the marital home, custody of children, and use of specific property. However, temporary orders are not a final division of property, meaning that any items taken under temporary orders will still be considered during the final property division process. With that in mind, here are key items to consider requesting.

2. Essential Household Items to Request for Temporary Exclusive Use
Setting up a new living space requires some basic household items. The goal is to ensure that the departing spouse can comfortably set up a new household without having to purchase many new things. Below are some essential items to request:

A. Furniture

Bedroom Furniture: Request at least one bed, including the mattress, box spring, bed frame, pillows, and bedding. If there are children who will be staying with you, ensure you have beds for them as well.
Living Room Furniture: A sofa, chair, or small seating arrangement is essential. Consider also requesting a coffee table and any side tables.
Dining Furniture: A small dining table and chairs, even if it's just a small two-person set, can make a significant difference. This will allow you to eat meals comfortably and create a sense of normalcy in your new living space.

B. Kitchen Essentials

Cooking Equipment: Pots, pans, and basic cooking utensils such as spatulas, knives, and stirring spoons.
Dishes and Silverware: Make sure to request enough plates, bowls, cups, glasses, forks, spoons, and knives for yourself and any children.
Appliances: If there are small appliances like a microwave, coffee maker, or toaster, request one of each to avoid purchasing new ones.
Storage Containers and Trash Cans: These are often overlooked but essential for keeping a household organized.
C. Linens and Laundry Supplies

Towels: Request an appropriate number of bath towels, hand towels, and washcloths for yourself and any children.
Bed Linens: In addition to bedding for the requested beds, consider taking extra sets of sheets and pillowcases.
Laundry Supplies: A laundry basket or hamper, detergent, and an iron if needed.

D. Personal Care Items

Toiletries: While it may seem straightforward, make sure to take shampoo, conditioner, soap, toothpaste, and other personal hygiene products.
First Aid Supplies and Medications: Request access to any essential first aid supplies or over-the-counter medications, as well as any prescription medications that belong to you.

3. Less Obvious Items to Request
Certain items may not immediately come to mind, but can significantly ease the transition:

A. Documents and Records

Important Documents: Request copies of essential documents like birth certificates, social security cards, passports, insurance information, and school records for yourself and any children.
Financial Records: Consider requesting copies of bank statements, tax returns, loan documents, and any other financial records.

B. Tools and Repair Equipment

Basic Tools: A toolbox with essentials like a hammer, screwdriver set, measuring tape, and pliers can be very useful in setting up your new space.
Repair Equipment: Items like light bulbs, batteries, duct tape, and extension cords are easy to forget but often needed.

C. Cleaning Supplies

Basic Cleaning Supplies: Request a broom, mop, vacuum cleaner, and basic cleaning agents like all-purpose cleaner, glass cleaner, and dish soap.
Trash Bags and Paper Towels: These are always necessary and often forgotten.

D. Electronics and Entertainment

Television or Streaming Device: If there are multiple TVs in the household, request one for your temporary residence.
Computer or Tablet: If you need a device for work or communication, make sure to ask for one you regularly use.
Chargers and Accessories: Don't forget to take chargers for your electronic devices, as well as any essential accessories like headphones.

E. Children's Items

Toys and Comfort Items: Make sure to request toys, books, stuffed animals, or other comfort items that the children use regularly.
School Supplies: If the children will be spending time with you, make sure to have enough school supplies to complete their homework.
Clothing and Shoes: Request sufficient clothing for the children, including casual wear, school uniforms if applicable, outerwear, and shoes.

4. Tips for Preparing to Move Out Under Temporary Orders

A. Take an Inventory

Photographic Inventory: Before you leave the house, take photographs of the items you are taking with you and those that are being left behind. This documentation can help prevent disputes later on about what was taken and what remains.
Written Inventory: In addition to photos, make a list of the items you are taking, noting their condition and any distinguishing features. This will be helpful during the final property division.
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B. Plan Ahead for the Move

Arrange for Movers or Transportation: Depending on the volume of items, you may need to hire movers or rent a vehicle to transport your belongings.
Label Boxes Clearly: Labeling boxes with the contents and the room they belong to can help make the unpacking process much smoother.
Consider Temporary Storage: If you're unsure about the space in your new place or need more time to sort through items, consider renting a storage unit.

C. Communicate with the Other Party

Provide Notice: Let the other party or their attorney know which items you intend to take, and be willing to discuss any disagreements.
Request Permission for Any Major Items: If there are larger, high-value items you want to take, consider requesting temporary exclusive use through the court, as these items may be contested.

5. Consulting with an Experienced Family Law Attorney
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While the above guidelines can help prepare you for leaving the marital home under temporary orders, consulting with a knowledgeable family law attorney is crucial. An attorney can provide specific advice tailored to your situation, help you negotiate with the other party, and ensure that your rights are protected throughout the process. They can also assist in drafting the temporary orders to request exclusive use of particular items, preventing disputes and misunderstandings later on.

Leaving the marital home is never easy, but with careful planning and the right legal guidance, it is possible to set up a new home comfortably and smoothly. Remember, the goal is to ensure stability during this transitional period, not to achieve a final division of property. Therefore, requesting essential items for temporary use can help you move forward without incurring unnecessary expenses.

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