Temporary orders are the orders a court may make effective from the time a lawsuit for divorce is filed until it is resolved and the divorce decree is signed by the court. These orders are generally designed to preserve the status quo (current status) of the spouses’ marital property, finances, and children, and may include obligations to pay temporary child support, pay temporary spousal support, and provide for child custody and visitation arrangements. Temporary orders may also prohibit the spouses from selling or transferring significant marital or community property assets. If there are any allegations of family or domestic violence or abuse, the court may issue a stay-away order of protection restricting the spouses’ physical proximity to each other and the nature and means of their communications with each other.
Laws regarding the subjects and processes for temporary orders vary from state to state and are usually located in a state’s statutes—often in the family code or domestic relations code.
In California, temporary orders during a divorce proceeding are governed by the California Family Code. These orders are intended to maintain the status quo and provide stability for both parties and any children involved while the divorce is pending. The court can issue various types of temporary orders, including those for child support, spousal support (alimony), child custody and visitation, and property control. These orders ensure that financial responsibilities are met, children are cared for, and assets are preserved until the final divorce decree is issued. Additionally, if there are allegations of domestic violence, the court may issue temporary restraining orders to protect the parties involved. The process for obtaining temporary orders typically involves one party filing a motion with the court, which is then considered by a judge. The judge may hold a hearing to determine the necessity and specifics of the temporary orders to be granted.