WHAT ARE TEMPORARY ORDERS IN A DIVORCE?
A temporary order is an order issued while the case is pending before a final order is issued. The temporary order could be for spousal support and maintenance, child custody, child support, use of the marital home, payment of bills, attorney fees, or any other matter.
What and when to file?
You cannot file a motion for a temporary relief until a complaint is filed first. If you do not file a complaint, your motion for temporary relief will be dismissed. You can file the motion at the same time you file your complaint, or after and should incorporate the facts in your complaint. Also, you need to be specific on the relief you are requesting and include more information, as well as providing the required Temporary Hearing Background Information. Please note, that you have to filed and served your financial declaration before your hearing. You may also submit affidavits in support of your motion, subject to page limitations.
Temporary hearings are short, usually fifteen minutes. There are no witnesses at this hearing, only filings, arguments and submitted affidavits.
When will I get a temporary order?
You may receive a temporary order on the day of the hearing, or days after, depending on who drafts the order if matters were contested.
How long does the temporary order last?
Temporary orders remain in effect until there is a final order, another temporary order replaces it, or the case is dismissed.