What Is A Temporary Order?

If you are in the process of divorce and have already started going to court, you may have heard the term "temporary order." Orders may pertain to child custody, spousal support, and other arrangements. When an order is temporary, it may last months or years while you resolve other issues pertaining to your case.

Why Does a Judge Issue a Temporary Order?

Let's say that your divorce case is expected to go on for weeks or months. The judge wants to make a decision based on issues that need to be resolved in the meantime, at least on a temporary basis. For example, a judge may issue a temporary order regarding who may live in the home during the divorce proceedings. The permanent order can change this decision later on.

The judge may also issue a temporary order for child support, custody, and visitation to ensure that the children are safe and provided for during the proceedings. Additionally, a judge could order that one parent must provide health insurance for the children. An individual who has relied on their spouse's income while raising the children may temporarily receive alimony as well.

Finally, a judge may issue a temporary restraining order. A restraining order may be linked to allegations that one parent was abusive to the children or that one party abused their spouse. Later proceedings will examine these allegations in more detail and, if necessary, may involve criminal charges when required. In the meantime, the judge may require that both parties stay away from each other with this temporary order.

Why Are Temporary Orders Necessary?

Temporary orders are necessary with couples who do not agree on many topics, including child custody and child support. They are also necessary for people who believe their spouses could become violent or dangerous to them or the children in the midst of the divorce proceedings.

When Do Temporary Orders End?

A temporary order ends when the judge makes a final determination for the divorce proceedings. Each instance is different, so you should speak with a professional to determine how long you must abide by an order if you do not understand it.

How Can You Request a Temporary Order?

If you want to request a temporary order, you must file paperwork with the family court. The court may offer the necessary forms online, but you can also discuss your options with your attorney to determine your next steps. An attorney will also tell you if you have a strong case for a temporary order and if you should be concerned.