A brief guide to temporary orders in divorce and custody cases

What are temporary orders?

Temporary orders are orders that are legally binding on parties while a divorce or custody case is pending with the court. When you finalize your divorce or custody case, the temporary orders will be replaced by your final judgment. 

Do you need temporary orders?

If you and the other party do not agree on the issues in your case, your case may take a year or longer to resolve. Thus, you might need temporary orders to address what happens with your children, property, or financial support while your case is pending.

Types of temporary orders

Divorce and custody cases:

  • Temporary child support order
  • Temporary custody and parenting time order
  • Immediate danger temporary custody and parenting time order
  • Status quo order (order requiring parties to keep kids schedule and daily routine the same while a case is pending)
  • No contact orders

Divorce cases only:

  • Temporary order allowing one party to live in the marital home while the case is pending
  • Temporary order requiring one party to pay marital debts while the case is pending
  • Temporary order providing for use of vehicles while the divorce is pending
  • Order requiring the other party to pay you suit money so you can hire an attorney to represent you in the divorce case
  • Order requiring the other party to pay you temporary spousal support
  • Order requiring the other party to pay you a lump sum payment if during the case

How do you get temporary orders?

You must file paperwork with the court requesting that the court make temporary orders in your case.

The following temporary orders are fairly easily for unrepresented parties to get on their own. There are court forms available online:

The other temporary orders are more complicated for unrepresented parties to obtain on their own. 

If you need one of these orders, talk to The Commons about how we can help you obtain one of these temporary orders.

The Commons Law Center Blog is for information purposes only. It is not legal advice.

posted March 10, 2023

Read more: 

Page [tcb_pagination_current_page] of [tcb_pagination_total_pages]