What Are Motions for Temporary Orders in Divorce?
Once a divorce case is filed, it can take some time for the final divorce orders to be issued, especially if there are a lot of contested issues in a given case. Given that there may be some interim issues that need to be sorted out while the divorce case proceeds, a judge may grant temporary orders dictating how these interim issues should be dealt with until the divorce is finalized.
When the divorce is finalized, the temporary orders will end, as they will be supplanted by the orders in the final divorce decree.
Below is a more in-depth look at how to get temporary orders in place during divorce, as well as the specific issues that these orders can impact.
In order to get a temporary order in place during a divorce proceeding, an official request for that order must be made to the court. Formally, this request is known as a motion, and a motion for a temporary order in divorce will explain what is being requested and why this request is being made.
While either party in a divorce can file a motion for a temporary order, when these motions have been filed, the court will set a hearing date for the motion. During the hearing, a judge will typically ask questions of both parties and, ultimately, issue a ruling regarding the motion.
Filing a motion for a temporary order in divorce can be important when any of the following issues need to be dealt with:
- Custody and visitation, in which case a temporary order would outline a schedule for when each party has time with the child(ren)
- Support payments, including child support and spousal support – While temporary orders for child support may be based on the temporary custody orders that have been put in place, temporary orders for spousal support may be granted when one spouse clearly needs financial support during the divorce.
- Residency in the family home, in which case a judge can rule on who is permitted to continue living in the family house during the divorce (if the divorcing parties are not able to reside together).