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 Georgia, temporary orders are available during the divorce process to maintain the status quo regarding marital property, finances, and child-related matters until the final divorce decree is issued. These orders can include provisions for temporary child support, spousal support (alimony), child custody, and visitation arrangements. They may also prevent either spouse from selling or transferring significant assets. Georgia's laws on temporary orders can be found in the state's family code, specifically under the Official Code of Georgia Annotated (O.C.G.A.). The court has the authority to issue these orders to ensure that the financial and parental responsibilities are addressed during the divorce proceedings. Additionally, if there are any claims of domestic violence or abuse, Georgia courts can issue protective orders to safeguard the affected spouse and children by limiting contact and communication between the parties. The process for obtaining temporary orders typically involves filing a motion with the court, and the court may hold a hearing to determine the necessity and specifics of the orders.