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 West Virginia, temporary orders are legal directives issued by a court during the pendency of a divorce proceeding. These orders are intended to maintain the status quo regarding marital property, finances, and child-related matters until the final divorce decree is issued. West Virginia courts can order temporary child support and spousal support, establish temporary child custody and visitation schedules, and restrict the sale or transfer of significant marital assets. Additionally, if there are allegations of domestic violence or abuse, the court has the authority to issue protective orders to ensure the safety of the parties involved. These temporary orders are enforceable until they are superseded by the final orders of the court. The specifics of these orders and the process for obtaining them are outlined in West Virginia's domestic relations statutes, which provide the legal framework for addressing these issues during divorce proceedings.