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 Mexico, 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. They can include provisions for temporary child support, spousal support (also known as alimony), child custody, and visitation schedules. Additionally, temporary orders can prevent either spouse from selling or transferring significant assets to ensure the property is preserved for equitable distribution upon divorce. In cases where there are allegations of domestic violence or abuse, the court may issue protective orders to limit contact between the parties, providing for the safety of those involved. The specific procedures and regulations for obtaining temporary orders in New Mexico are outlined in the state's statutes, which can be found in the family code or domestic relations code. An attorney can provide guidance on how to request such orders and represent a party's interests in court.