DIVORCE FAQ

Temporary Orders

After filing the initial court petition in a divorce, custody or other family law case, temporary court orders are often needed to provide “rules to live by” until the case is resolved.  Temporary orders can be reached by agreement or can be issued by the judge after a hearing.  Temporary orders will a) determine access to financial resources and temporary use and possession of assets such as the house, car, and furniture during a divorce; and b) temporary custody and support in all cases involving children.

Following are a few basic, frequently asked questions relating to Temporary Orders that can be ordered by a court or agreed to by the parties in the beginning of a divorce, custody or any family law case.

  1. How and where am I supposed to live until my divorce is over?
    You can file a motion and request the court issue an order for temporary orders relating to financial support, conservatorship, restraining orders on assets, use and possession of property and accounts, temporary payment of bills and abuse prevention.
     
  2. What must I do to file a motion for Temporary Orders?
    First, a case must be pending before the court. If you have not filed your complaint or petition for divorce, or petition for custody you can’t ask the court to issue temporary orders, even if the opposing party has filed a petition with the court.
     
  3. Some tips on making a court appearance:
    Treat the judge respectfully. Refer to the Judge as “your honor.” Never interrupt — this includes your spouse or his/her lawyer, even if they are misrepresenting. Don’t make faces or shake your head. Always ask the judge for permission to speak. Dress appropriately.