Temporary Orders

Often at the beginning of the divorce process, it is necessary to put temporary orders in place for child custody and visitation, child support, spousal support, and sometimes property orders. These orders are not meant to be final determinations for a parenting plan, appropriate support levels, or division of property. They are just as the name indicates - temporary orders. They are intended to provide stability for minor children and allow each party to maintain the same standard of living as existed during the marriage until the divorce process is complete.

As always, the courts would prefer the parties to a divorce reach their own agreement for support and a temporary parenting plan. However, if that is not possible one party or the other may file a motion requesting the court make orders. This is accomplished by filing a form Order to Show Cause or Notice of Motion with a form Application for Order, which may be accompanied by a written Declaration of the moving party providing specifics as to the orders requested and the reasons for the moving party's requests. Once filed a hearing date is set for a month to six weeks in advance, and the opposing party will file a Responsive Declaration agreeing or opposing the moving party's specific requests.

If child or spousal support is an issue, each party must also file an Income and Expense Declaration and attach copies of their last three pay stubs or other evidence of income. If child custody and visitation is in dispute, the court will require the parties to participate in mediation regarding child custody and visitation. A child custody mediator's objective is to try to get the parents to agree on a parenting plan, but where and to the extent the parties are unable to agree the mediator will make a written report and recommendation to the court regarding child custody and visitation (I will not go into great detail of the mediation process here, as it deserves a more through discussion later).

 At the hearing on the moving party's requests, the court having either an agreement for a temporary parenting plan or a mediator's recommendation as to the best interests of the minor children, and evidence of the party's respective incomes, temporary orders can be made for child custody and visitation as well as child and spousal support. These orders will remain in place until they are modified by agreement of the parties, a subsequent court order, or a final judgment is entered.

On the one hand, I tell people not to get too caught up by not getting exactly what they want in temporary orders because they are just that - temporary. On the other hand they can set a precedent or status quo that may require a significant change in the parties' circumstances to modify. This is one area where experience with the dissolution process and good advice can make a big difference in the time you have your children and the amount of support you receive or pay. Divorce is not a simple matter. It shouldn't be. You should retain an experienced attorney to represent you if possible, and if not you should find one to give you advice on how to proceed on your own. Many good attorneys will counsel litigants on an hourly basis, prepare paperwork if necessary, and advise them how to handle specific issues.