Temporary Orders

A Temporary Order is just what it sounds like, an order, in the beginning of a Divorce, Modification, Contempt or Paternity, setting forth how the parties will operate their finances, property, custody, visitation and any other issue that might be relevant during the pendency of the legal action.

Temporary Orders can occur early on in an action – such as a few days – or within a few months.  Since all legal proceedings are taking longer and longer, Temporary Orders can be in effect for a few months to a couple of years.

Divorce Temporary Orders

Some examples of what is covered at a Temporary Order Hearing are:

  • Who lives in the marital home (sometimes, especially in this economy, both parties)
  • Who pays child support
  • Who pays spousal support
  • Where the children live and how often each parent gets to see them
  • Who pays for which household bills
  • Who takes which vehicle and who pays for gas, insurance and car payments
  • How some property is disbursed, such as furniture (if one or both of the parties are moving)
  • If bank accounts are divided for living expenses
  • Who pays educational costs and daycare
  • Who pays the credit card bills

Custody and Paternity Temporary Orders 

  • Who pays for child support
  • Where the children live and how often visitation occurs

What happens at a Temporary Order Hearing?

First, it’s better if you and your attorney can file the Motions for Temporary Order before the other side.  It’s not a huge issue, but in the event you go in front of the Judge, you or your attorney will get to state your side of the case first.

When you arrive at court, you will be sent with your attorney and your spouse to Family Services.  At Family Services, you will speak with a Family Service Officer who will listen to both sides of the case and try to guide you to come to an agreement.  The Family Service Officer will run through Child Support Guidelines and try to work out as many issues as possible.  Any issues that can’t be resolved go in front of your assigned judge.



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