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 Jersey, 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 (also known as alimony), and establish temporary child custody and parenting time (visitation) arrangements. Additionally, the court may issue orders to prevent either spouse from selling, transferring, or dissipating marital assets during the divorce process. In cases where there are allegations of domestic violence, New Jersey courts can issue temporary restraining orders to protect the parties involved. These orders are typically obtained through a motion filed by one of the parties and are decided by the court based on the specific circumstances of the case. The New Jersey Prevention of Domestic Violence Act provides further protection and allows for restraining orders in situations involving domestic abuse.