Temporary orders are typically entered in family law cases while the matter is pending in court but prior to the final order completing the case. The orders dictate the terms of what the parties are required to follow during the litigation. These orders can address financial and custody issues while the matter is pending, including temporary custody, parenting time or support, and payment of bills.

If there are minor children in a divorce matter, the temporary order can dictate what will happen with custody, parenting time, and child support issues. These temporary orders continue in enforcement through to the end of the divorce or separation case. The temporary order is done to give peace of mind to one or both of the parties to dictate the terms of their temporary agreements on various issues.

Other temporary orders can be entered by agreement (stipulation) of the parties or as a result of a motion hearing addressing these types of issues. Regardless of how the orders are completed and signed by the court, the terms can intimately affect your life and must be handled properly.

How Does a Lawyer Help with A Temporary Order? Are They Always Necessary?

Your lawyer helps with a temporary order by discussing the terms of this order and by having the order written. Some type of temporary order is almost always necessary in a divorce or separation matter. Temporary orders can address financial issues including status quo and payment of monthly bills. They can also address issues involving minor children such as custody, parenting time, and child support.

It is always good practice to have a temporary order in place to validate any agreements that the parties have made in their case. Attorneys maintain that at a minimum, an ex parte mutual asset restraining order is necessary in all cases. This order basically puts the parties on notice that they cannot engage in out of the ordinary financial transactions such as selling or hiding assets, changing beneficiaries on insurance and investments, emptying the bank account or running up extraordinary credit card debt.

A significant part of family law litigation involves entering other temporary orders to prevent a financial or custody situation from getting worse. For instance, if a party is denying or limiting parenting time to an unacceptable level, it is crucial to get that fixed in court rather than waiting the length of the case and setting a precedent that would be difficult to overcome at trial. Likewise, bills need to be paid and assets need to be protected while the litigation is pending. If these issues are not addressed, there would be catastrophic financial consequences for the family.

An attorney can seek entry of temporary orders at the outset of the case or by filing a motion and giving the other party 7 to 9 days advance notice of a court hearing wherein these issues would be decided.

About ADAM (American Divorce Association for Men)

The American Divorce Association for Men (ADAM) is a group of highly qualified attorneys who advocate for men’s rights in all aspects of family law. In addition, ADAM represents men, women, or married couples in adoption matters.  Since 1988, ADAM has been aggressive, diligent, and uncompromising when representing their clients. A team of compassionate and skilled family law attorneys, ADAM is dedicated to being Michigan’s leading divorce lawyers for men.