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 New Hampshire, temporary orders are issued by the court during the pendency of a divorce proceeding to maintain the status quo and provide for the immediate needs of the parties and children involved. These orders can address various issues such as temporary child support, spousal support (alimony), child custody and visitation arrangements, and may include provisions to prevent the dissipation of marital assets. New Hampshire law allows either party to request temporary orders by filing a motion with the court. The court will consider factors such as the financial situation of both parties, the best interests of the children, and any immediate concerns regarding safety or welfare, particularly in cases involving allegations of domestic violence or abuse. In such instances, the court may also issue protective orders to safeguard the affected spouse and children. The specific statutes governing temporary orders in New Hampshire can be found in the state's family law statutes under the New Hampshire Revised Statutes Annotated (RSA).