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 South Dakota, temporary orders are available during divorce proceedings to maintain the status quo and address immediate needs before the finalization of the divorce. These orders can cover a range of issues, including but not limited to temporary child support, spousal support (alimony), child custody and visitation arrangements, and the preservation of marital assets. South Dakota courts may also issue orders to prevent the dissipation or transfer of significant assets during the divorce process. Additionally, if there are concerns about family or domestic violence, the court has the authority to issue protective orders to ensure the safety of the parties involved. These temporary orders are typically governed by South Dakota's family law statutes, and the specific processes and requirements can be found within those laws. The goal of these orders is to provide a framework for the parties to operate under while the divorce is pending, ensuring that financial responsibilities are met and that children's needs are addressed.