What is a temporary order?
What is a temporary order?
A temporary order is an order from the court, issued at the beginning of a divorce or custody motion that controls the terms by which the parties operate until the case is resolved. Temporary orders are most commonly found in divorces where a party asks the court to give a temporary parenting order so that the parties do not have to wait for the outcome of the case to have a formal parenting time schedule. Temporary orders designating custody, parenting time, and child support resolve issues that parties usually have in the beginning of a case but are only in effect during the pendency of the divorce. Temporary Orders involving only parenting terms generally do not require a hearing. The Court uses the affidavits filed by each of the parties to issue these orders without holding a hearing. Either party may ask for a hearing if they would like to contest the orders that the Court puts in place.
Parties can also ask for temporary spousal support or payment of debts. Unlike custody, parenting, and child support, motions involving temporary payments of debt or spousal support generally require a hearing before there is an order issued.
Temporary Orders are not final and they typically last only until the final decree of divorce has been journalized.