What Are Temporary Orders and How Are They Used During a Divorce?
Divorce takes time, especially when spouses cannot quickly reach an agreement on certain issues. Urgent matters involving child custody and spousal support often require an immediate decision, which can be problematic in divorces that last months or even years. To alleviate these pressing issues, temporary orders are used to address how they will be handled until a resolution is reached and the divorce is finalized.
What Is a Temporary Order?
Temporary orders are issued in family court, allowing decisions to be quickly made until both parties can reach a formal agreement. Hearings for temporary orders generally proceed quickly and may address a wide range of issues. These include:
- Possession or sale of the marital home
- Living arrangements
- Possession of a shared automobile
- Temporary parenting plan
- Child support
- Spousal support
- Health insurance
- Uninsured medical expenses
- Assets and marital possessions
- Restraining orders
How to Request a Temporary Order
Requirements for filing a request for a temporary order usually involve:
An order to show cause: Requires that you state what you are asking for through the temporary order. Your spouse will be called to court to present any argument as to why your requested order should not be granted.
Supporting declaration: In this written document, you are required to state relevant facts that support your request for a temporary order.
Proposed temporary order giving you your requested relief: This document sets out the terms of the order. If the family court judge grants your temporary order, this document will be signed.
Proof of service document: The court requires this document to show that all the necessary court documents have been properly delivered to your spouse.