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 Montana, temporary orders are legal directives issued by a court during the pendency of a divorce proceeding. These orders are designed to maintain the status quo regarding marital property, finances, and child-related matters until the final divorce decree is issued. Montana law allows for temporary orders to address child support, spousal support (alimony), child custody, and visitation arrangements. Additionally, these orders can restrict both parties from selling or transferring significant assets to ensure that property division upon divorce is fair and equitable. In cases involving allegations of family or domestic violence, Montana courts can issue temporary orders of protection, which may include stay-away provisions to safeguard the parties involved. The specific statutes governing temporary orders in Montana can be found in the state's family law or domestic relations codes, and the process for obtaining these orders typically involves filing a motion with the court where the divorce case is being heard.