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 North Carolina, 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 a final divorce decree is entered. North Carolina courts can issue temporary orders that address child custody and visitation, child support, spousal support (post-separation support and alimony), and possession of the marital home. The court may also issue orders to prevent the dissipation of marital assets by prohibiting the sale or transfer of significant property. In cases involving allegations of domestic violence, North Carolina law allows for protective orders to ensure the safety of the parties involved, which can include stay-away provisions and restrictions on communication between the spouses. The specific statutes governing these matters can be found in the North Carolina General Statutes, particularly within the chapters dealing with domestic relations and family law.