A temporary order is a court order that tells parties (divorcing spouses or parents fighting over custody) what their rights, privileges, and responsibilities are while they are waiting for their final court order to be entered. We published a video and blog post that explains this process–you can view it here. Or, you can continue reading the simplified version below.
After an individual files for divorce, custody, or any other type of family law case, either party can file for temporary orders. At Red Law, our Ogden family law attorneys frequently file temporary orders because they can protect you and give you rights as you proceed through the lengthy court process. If you don’t obtain temporary orders, you have to wait until the court process is completely finished (which sometimes takes longer than a year) before you obtain rights and protections, like custody, child support, alimony, parent-time/visitation, etc.
What Kind of Temporary Order can I Obtain?
Temporary orders can address any of the following:
- Child Support
- Temporary Property Division (who gets the cars, who gets to stay in the home, what happens with funds in bank accounts, etc.)
- Attorney Fees (i.e. if one spouse doesn’t have enough money for an attorney)
- Temporary Division of Expenses (how the mortgage and car payments should be split, who pays for medical expenses, who maintains health insurance for the children, etc.)
- Restraining Orders (restraining spouses from certain behaviors, like stalking, verbal abuse, etc.)
- Anything else that is reasonable
Keep in mind that temporary orders have an expiration date and will last only up until the court has entered its final order.
What is the Process of Obtaining a Temporary Order
Once the petition has been filed (petition for divorce, petition for paternity, petition for custody, etc.), either spouse may file a document called a “Motion for Temporary Orders.” This document will detail what the spouse is asking for and why. The spouse will typically file a declaration or affidavit along with their motion for temporary orders, which is a sworn statement that clearly states the reasons they should be granted what they’re asking for. The court will then have a hearing in which attorneys will argue the points of their case and the court will make a decision.