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 Massachusetts, temporary orders during a divorce proceeding are governed by state statutes and are designed 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 schedules. Additionally, they can restrict parties from selling or transferring significant assets. Massachusetts courts can also issue temporary orders to protect individuals from domestic violence or abuse, which may include stay-away orders or orders of protection. These orders are typically requested through a motion for temporary orders filed by one or both parties early in the divorce process. The court then reviews the motion and, if appropriate, issues the temporary orders to address immediate needs and concerns until the divorce is finalized.