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 York, temporary orders during a divorce proceeding are known as 'pendente lite' orders, which are intended to provide stability and maintain the status quo while the divorce is pending. These orders can address a variety of issues, including but not limited to temporary child support, temporary spousal support (also known as maintenance), child custody and visitation arrangements, and exclusive use of the marital residence. They may also include injunctions to prevent either spouse from dissipating marital assets. New York courts can issue temporary orders to protect parties from domestic violence, which may include stay-away orders or orders of protection. The process for obtaining temporary orders typically involves one party filing a motion or request for the orders they seek, and the court may hold a hearing to determine the appropriateness of the requested relief. The specific statutes governing these matters can be found in the New York Domestic Relations Law and the Family Court Act.