What Are Temporary Orders In a Divorce or Custody Case?

So you’ve been served with a divorce petition or custody suit with a hearing notice.  What is this?  It’s likely a temporary orders hearing notice.

What’s a Temporary Orders Hearing?

Temporary orders are court orders that set the rules that will govern the parties, children, and property while the divorce or custody case is pending.  They can cover a wide range of issues, such as children, property, operation of a business, and other issues.

Temporary orders are not a trivial matter. The final divorce decree will likely mirror or very closely resemble the temporary orders in many respects. Click To Tweet

Why are They Needed?

They provide rules and orders while the divorce or custody case is pending.  It is common to use these orders to give each spouse exclusive use and access to a home or residence, a vehicle, bank accounts, and other property that the spouses uses on a daily basis, to perform a trade, or operate a business.  They also address children and parentage issues.  The Court can set child support and medical support, establish possession and visitation, and establish and set parentage rights.

Why are They Important?

They can be a very significant aspect of a divorce or custody case.  First, they will govern significant aspects of the parties’ and children’s lives for possibly months.  Second, routines develop around these orders.  As the family learns to live with these new routines, the final decree or order will likely mirror or very closely resemble the temporary orders in many respects.  Consequently, temporary orders can critically important in a divorce or custody case.

No one should consider temporary orders to be trivial or no big deal.  Simply because the orders say they are temporary does not mean they are unimportant.  Once they are entered, it is very difficult to show the Court that a different order or result should be rendered in the final decree or order.  Legal counsel should be sought immediately if temporary orders are contemplated or sought in a divorce or custody case.

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