What are Temporary Orders During a Divorce?

At the beginning of a divorce, during the initial filing of the petition paperwork, your lawyer may suggest filing a motion for temporary orders. Temporary orders are used to establish an agreement between the couple in regards to how matters involving finances, assets, and children should be handled during the divorce proceedings. Just as the name states, temporary orders stay in place until the divorce is finalized and are superseded by the settlement agreement signed during mediation or court orders. In some cases, the situation will change during the divorce proceeding and the temporary orders can be revisited and revised. Here are some examples of things impacted by temporary orders during a divorce proceeding:

Division of Large Assets and Debt

Temporary orders are often put in place to assign large assets and payment of debt, during the divorce process. For example, in the case that the largest debt owed by the couple is the mortgage on the family home and a car payment or two, temporary orders may be used to indicate the following:

• Who will reside in the home during the divorce?
• Who is responsible for the mortgage payment?
• Who will drive which car?
• Who is responsible for the car payment?

Spousal Maintenance

A common instance where temporary orders are necessary during a divorce proceeding is when one spouse makes significantly more money than the other. For example, if one partner is the main breadwinner for the family and the other is a stay-at-home parent, the court may approve temporary orders to award the stay-at-home parent. These orders could require the breadwinning parent to provide enough financial support to the stay-at-home parent to ensure that they can continue to pay bills associated with the home and uphold their familial role as caretaker for the children.

Temporary Orders Involving Child Custody

In the case that there are children involved, temporary orders will help determine custody of the children during divorce proceedings. This could include where and with whom the children will reside during the divorce if child support is required to be paid from one parent to the other and a parenting plan outlining custody specifications during divorce proceedings. For example, if the children’s Mother is the primary caregiver in the family, the court may require that she and the children remain in the primary residence and receive child support from the spouse, for the sake of the children’s stability. In some cases, the temporary orders around child custody may set the tone for how the case is going to come out in the end.

Learn More About Temporary Orders from Your Divorce Lawyer

Temporary orders can be used to provide structure to many different facets of a pending divorce. If you are beginning the divorce process, be sure to ask about potential temporary orders during your consultation with the divorce lawyer. An experienced family law attorney will not only be able to educate you on the in’s and out’s of temporary orders, but also provide guidance for how they can be implemented to benefit you the most during the divorce process.

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