Temporary Orders are court orders issued to address immediate issues and provide temporary solutions while a divorce or custody case is pending. These orders are used to manage various aspects of a family’s situation before a final judgment is made. Requests for temporary orders can be made with notice meaning the situation is not an emergency but is urgent to the point of needing an order from the Court prior to a final hearing, or without notice, meaning there is an imminent threat to minor children or not getting immediate financial assistance could lead to dire circumstances. Temporary orders can evolve into permanent orders if the parties agree. Here’s a breakdown of what temporary orders are used for and when they might be necessary:
Purpose of Temporary Orders:
- Child Custody (Legal Decision-Making) and Visitation (Parenting Time):
- Establishing Custody Arrangements: Temporary orders can set up provisional custody arrangements and visitation schedules to ensure that the child’s needs are met during the legal proceedings.
- Supervised Visitation: If there are concerns about the safety or well-being of the child, the court might order supervised visitation.
- Child Support and Spousal Support:
- Financial Support: Temporary orders can mandate one party to pay child support or spousal support while the case is ongoing to ensure that both parties and the children maintain financial stability.
- Property and Debt Management:
- Asset Protection: The court may issue orders to protect marital assets or prevent one party from selling or dissipating property.
- Debt Responsibility: Temporary orders can address who will be responsible for paying specific debts during the pendency of the
- Residence and Use of Family Home:
- Occupancy Rights: If one party is required to move out of the family home or if there is a need to allocate use of the home, temporary orders can address these issues.
- Health and Safety Concerns:
- Orders of Protection: If there are concerns about domestic violence or harassment, temporary orders may include protection orders to ensure the safety of the parties involved.
When Are Temporary Orders Necessary?
- Immediate Financial Needs:
- When One Party Requires Support: If one party needs immediate financial support to cover living expenses or child-related costs, temporary orders can provide relief while the case is being resolved.
- Child Welfare:
- Ensuring Proper Care: When there are concerns about the child’s well- being or stability, temporary orders can establish decision-making arrangements and/or visitation schedules to ensure the child’s needs are met.
- Preventing Harm or Misuse of Assets:
- Protecting Assets: If there is a risk that one party might misuse or deplete marital assets, temporary orders can help preserve those assets until a final decision is made.
- Urgent Situations:
- Addressing Immediate Issues: In cases involving urgent issues like domestic violence or severe financial strain, temporary orders can provide immediate relief and address critical needs.
