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Temporary Orders

It is common in divorce matters for a court to issue temporary orders that govern the parties' relationship to marital assets and liabilities.  A temporary orders hearing is a formal hearing that usually occurs early on in the case and requires the introduction of evidence, including testimony from witnesses so that a judge may issue orders that control during the pendency of the divorce case. Temporary orders typically will establish which spouse has use of the marital home; allocate the spouses' responsibilities; limit spending of the marital assets; award interim attorney's fees; set spousal support; and addressed other matters related to the dissolution of the marriage.  If the marriage involves children, temporary orders will also 

  1. determine the temporary rights and duties of each parent;
  2. name one party the primary conservator of the children who had the exclusive right to determine the residence of the children;
  3. set temporary child support; and
  4. set temporary visitation rights.

Additionally, because a divorce case is fluid and involves human intense emotions, a party finds it necessary to go back to court and seek further temporary orders:  This is usually more common in contentious divorces.  Although temporary orders are not a final order, a temporary order establishes the status quo for the duration of the case; therefore, it is important that the best possible resolution be obtained at the initial temporary orders hearing or a party may find himself in a difficult order for many months while awaiting the final hearing.