Temporary Orders in Family Court: Quick Decisions on Support and Custody
What kind of temporary orders you can get in family court, and how.
Typical lawsuits take months, if not years, to make it to court. But if you're getting divorced and need a quick decision from a judge about who gets the kids, the car, the money in the bank accounts, or the house for now -- or if you need money for support right away -- obviously you can't wait that long.
You don't have to. When couples separate, important issues are often resolved (at least temporarily) in a short hearing before a judge. Even though these quick hearings are less formal than standard court hearings, their brevity means that you must be prepared and know exactly what you want. You may have only a few minutes to ask for it.
What Temporary Orders Are For
Let's say a husband moves out, and the wife who's left behind needs money to feed and shelter the children. Realizing that her children would starve long before a full trial could be held, she is desperate for help. She can go to court to request a temporary order from a judge, even though a formal divorce action has not yet been filed. Her request will be put on a fast track, and a hearing will be scheduled within days or weeks.
Spouses can ask a court to temporarily:
- restrain a spouse from coming near or contacting the other (or force a spouse to move out of the family home)
- establish child custody and visiting arrangements
- provide for spousal support (alimony) and/or child support payments
- order either spouse not to sell valuable assets, and
- give possession of the family home or car to one of the spouses.
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