Divorce Temporary Orders

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A 'divorce temporary order' can be enforced only until one of the following happens.

• The court concludes a trial and the final order is declared
• The partners complete a separation agreement

The court conducts a hearing on 'a motion for temporary orders' during which a temporary order is entered.

Issues discussed in Divorce Temporary Orders

Some of the issues that are generally discussed in a temporary court order are as follows.

Property related

• Which partner is responsible for credit card debts?
• Which partner is responsible for the payments of which vehicle? Who would drive which vehicle?
• Who would disburse the utility bills?
• How the division of household items must be conducted?
• Which spouse is responsible for mortgage payments? Alternatively, will this payment be divided between the spouses?
• Which partner can continue as an occupant in the marital residence?

Child related

• Whether there is a necessity of a GAL (Guardian ad litem) for the children?
• Which spouse should be given the responsibility of continuation of health insurance of the children?
• How should the visitation schedule of the non custodial parent be?
• Which parent should get child custody?
• What should be the amount of child support?

Divorce Temporary Orders known as Injunctions

There are instances when a divorce temporary order takes the form of an injunction. This is a court order that prevents an individual from any action that would possibly result in property loss, mental injury or property injury to the appealing party.

In some cases, one of the spouses manages considerable investments or handles a business. This spouse is in a gainful position to dissipate or hide assets. Particularly, in such cases, an injunction is very useful. Injunctions related to property can prohibit the transfer or sale of any property. Such temporary orders of divorce are also called as 'stays' or 'temporary restraining orders' or 'preliminary injunctions.'

Some injunctions are issued ex-parte. This means that a notice of these court orders is not given to the recipient. The background is that if a notice is given, the recipient gets a chance to dodge the intent of the injunction.

An injunction cannot be made arbitrarily by the court. It is compulsory that the mover must prove that there is an imminent threat of irreparable harm to him/her if the injunction is not made.

Role of court in Divorce Temporary Order

• A majority of courts direct the issue of the temporary orders to 'probation.' This is also known as family services
• The motive of the probation is that the two partners should get a chance to agree on as many issues as possible. This results in saving of considerable time of the judge
• The partners see the judge regarding those issues that are not resolved during probation. The partners present their arguments in front of the judge
• In case the issue is time sensitive, the judge immediately makes an order pertaining to it
• The complete temporary order is usually made within 7 days after the hearing
• Let us assume that during probation, the partners have reached a complete agreement regarding some issues. Then, the judge reviews these agreements. If satisfied, the judge enters these agreements in the temporary order

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