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 Kansas, temporary orders are a critical component of the divorce process, providing interim rules for the parties to follow while the divorce is pending. These orders are designed to maintain the status quo regarding marital property, finances, and child-related matters. Kansas courts can issue temporary orders that address child custody and visitation, temporary child support, and temporary spousal support (also known as temporary maintenance). Additionally, the court may restrict either party from selling or transferring significant assets to ensure the property is preserved until the final division in the divorce decree. In cases involving allegations of domestic violence or abuse, Kansas courts can issue protective orders to safeguard the affected spouse and children, which may include stay-away provisions and restrictions on communication between the parties. The specific statutes governing temporary orders in Kansas can be found in the Kansas Statutes Annotated (K.S.A.), particularly within the family law codes. It is important for individuals going through a divorce to consult with an attorney to understand their rights and obligations under temporary orders and to ensure that such orders are properly requested and issued by the court.