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 Illinois, temporary orders during a divorce proceeding are governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/). These orders are designed to maintain the status quo and provide stability for the parties and any children involved while the divorce is pending. They can address a variety of issues, including but not limited to temporary child support, temporary spousal maintenance (formerly known as alimony), child custody and visitation arrangements, and the preservation of marital assets. Illinois courts can also issue temporary restraining orders to prevent the dissipation of assets and, in cases involving allegations of domestic violence, can issue orders of protection to safeguard the parties and children from harm. The process for obtaining temporary orders typically involves filing a motion with the court, and the court may hold a hearing to determine the appropriate temporary relief based on the circumstances of the case.