Do I Need Temporary Orders?

You have decided to file for divorce or allocation of parental responsibilities (custody). And now you are asked whether you need Temporary Orders. But what are Temporary Orders? Do you need them? This is a common question that many clients come to us with after their case has already started. First, you need to understand what Temporary Orders are.

A divorce or parental responsibilities case is generally separated by two different phases: a temporary orders phase and a permanent orders phase. Temporary Orders are interim orders aimed generally at making sure bills are paid and that everyone has adequate access to resources while the case is pending, as well as to ensure that the children are taken care of and given reasonable access to both parents if appropriate. Permanent Orders are aimed at the final allocation of parental responsibilities, division of property, allocation of debt, and allocation of costs and attorney fees. Essentially, Permanent Orders is the final hearing before your case is over.

Ideally, you and your ex will be able to agree on Temporary Orders. If you can agree on how bills are paid, who has the kids and when, and if there’s a need for interim support to be paid, then you can write that up in a bullet point agreement often referred to as a “stipulation.” You would then submit that to the Judge or Magistrate for approval. That becomes a binding agreement until your final hearing (Permanent Orders). If you cannot agree, many jurisdictions will order that you attend mediation. The result of mediation is, hopefully, a signed stipulation. If you cannot agree, then you would schedule a hearing for Temporary Orders.

Temporary Orders hearings are typically very short in duration, usually no more than two hours. At this hearing, both you and your ex will present your positions on why or why not support should be paid, how certain bills will be handled, who gets to stay in the house, the parenting schedule for the children, and any other needs that may arise between now and your Permanent Orders hearing. The Judge or Magistrate will then enter Orders that tell you and your ex exactly how things will be paid and handled until that time.

 Now, why would you need Temporary Orders? There are a myriad of reasons why you might needs them, and we always recommend discussing them with your attorney. The first is that the Permanent Orders hearing is scheduled so far out that you and your ex cannot agree on things until that time. Oftentimes, Permanent Orders hearings are 6-9 months from the time of the initial filing. If you both cannot agree on how bills are to be paid, that would create a significant amount of conflict in that time.

Another reason would be that you both cannot safely stay in the home together. If there is domestic violence, it is dangerous for you both to remain living under the same roof; if no one is willing to leave, then the Court may need to Order one of you to move out. Or perhaps tensions are so high that it is not best for the children to be in that environment. Or maybe your lease is ending or your home is about to go into foreclosure. These would all be reasons to ask for Temporary Orders.

There may be significant disagreements as to what should be the children’s schedule. Both parents likely want regular contact with their children, but if you cannot agree on what is appropriate, safe, or reasonable, you may need a Judge to intervene and set a schedule. Similarly, if major decisions for the children need to be made before a Permanent Orders hearing can be scheduled (a non-emergent surgery, school choice, or therapeutic intervention), then decision-making may also need to be allocated on a temporary basis.

Lastly, you may need Temporary Orders if you do not have access to the resources you need to make it to Permanent Orders. These are situations in which your spouse has control of the assets, your spouse significantly out-earns you, or maybe even has taken joint funds. You may also need attorney’s fees to be paid for by your spouse. Child support and maintenance can also be awarded at a Temporary Orders hearing.

Temporary Orders can be helpful in many cases, but they are not always necessary or fiscally reasonable. Contact an attorney to discuss whether your case would be best served by a hearing on Temporary Orders and how your goals in divorce or custody can be met.