What Are Temporary Orders?

What Are Temporary Orders?

For a spouse who is not the primary wage earner, filing for divorce or legal separation can be scary. You may be wondering how you are going to pay the bills, or how you will split parenting time. If you feel safe doing so, I also suggest that clients initially broach the subject of a divorce or legal separation with their mate before filing. However, this is not always possible. In those scenarios, clients can ask for a temporary orders hearing.

A temporary orders hearing is designed to set child support, maintenance, and parenting time orders in place while the divorce is pending. Because a contested divorce often takes nine months or more, temporary orders are entered to give certainty about everyone's legal rights and obligations while the final orders are negotiated.

If a temporary orders hearing is needed, you and your attorney must be very organized. These hearings tend to be very short (2 to 3 hours max), and happen within the first couple of months after the divorce is filed. If you child support or maintenance will be an issue, you must have your mandatory financial disclosures completed. Additionally, your attorney may need to speak to, prep, and prepare for witness testimony.

Temporary orders are not appropriate in all cases. I recommend that the Parties work together to establish amounts that are reasonable and help both Parties adjust to separating into two households. Frequently, this can be done without a hearing, either via mediation or directly between the Parties and their attorneys.

Do you have questions about temporary orders? I’m here to help.