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What is a Temporary Order?

The first order in your case (other than the Interim Order) will probably be a Temporary Order. It covers what will happen while your case is working its way through the court process. It is supposed to decide what happens until there is a Final Order. Of course, for some people it takes a long time to get through this whole process, so your Temporary Order could be important for quite a while.


What Issues are Decided in a Temporary Order?

Anything the family court is allowed to decide can be included in the temporary order. Some common issues are:

  1. Who gets to live in the house or apartment

  2. Who gets to use the car

  3. Will you file a tax return jointly if you are married

  4. Temporary Spousal Maintenance (alimony)


If You Have Kids:

If your case involves kids, the temporary order will include Parental Responsibilities (Custody) and Child Support. You might agree on these issues at the Case Manager's Conference, in which case the Magistrate will probably sign your agreement. There will probably be a separate Temporary Order for the other issues.


Can the Temporary Order be Changed?

Yes, the temporary order can be changed by a judge at any time until the Final Order. You can ask the judge to change the Temporary Order by filing a motion to modify.

Does the Temporary Order Change the Interim Order?
This is confusing, isn't it? No! The Interim Order says that neither party can get rid of assets that you have together. The Temporary Order says who gets to use those assets during the divorce. Even if the Temporary Order awards the car to you, for example, the Interim Order still says you can't sell it.


Related Questions:

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