How to get a Temporary Order


Talk to an attorney

A Temporary Order can be complicated. Consider talking to an attorney to go over your options. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice.


Motion for Temporary Order

A temporary order governs child custody, parent time and support, alimony, property distribution, attorney fees and other matters during the divorce or parentage proceedings. The parties must follow the temporary order until it is changed or until final judgment in the case.

A Motion for Temporary Order may be filed with or after the petition for divorce or the petition to establish parentage. A Motion for Temporary Order may also be filed with or after a petition to modify a divorce or parentage decree.

A temporary order is not automatic. You must give the court good reasons for granting your request. If you want the temporary order to govern child custody and parent time, you must include a Parenting Plan. If you want the temporary order to govern any financial payments, such as alimony, child support or attorney fees, you must include a Financial Declaration. For more information and forms see our page on Financial Declarations and our page on Parenting Plans.


Responding to a Motion for Temporary Order

Opposing the other party's Motion for a Temporary Order is not the same as asking for a Temporary Order yourself. If you want the court to order child custody, parent-time, child support, child care expenses, health insurance, alimony, attorney fees, payment of bills and debts, or possession of property, and the other party has not raised the issue in his or her Motion for Temporary Order, you must file a Motion asking for these things.

Decide whether you agree with the motion filed by the other party. If you agree with the motion, work with the other party to complete and file a Stipulation. If you decide that you oppose the motion (or some part of it) complete and file a Statement Opposing the Motion and its supporting documents.

When you file the Statement Opposing the Motion for Temporary Order, you must file with it a Financial Declaration if money, such as temporary child support or temporary spousal support is involved, and a Parenting Plan, if temporary child custody or temporary parent-time is involved. For more information and forms see our page on Financial Declarations and our page on Parenting Plans.


Procedures

The procedures for a Motion for Temporary Order are different depending on whether the Motion will first be considered by a court commissioner or by a judge. In Judicial Districts 1, 2, 3, and 4, a Motion for Temporary Order will first be considered by a court commissioner, and the process is governed by Rule of Civil Procedure 101. In Judicial Districts 5, 6, 7, and 8, a Motion for Temporary Order will first be considered by a judge, and the process is governed by Rule of Civil Procedure 7.

You may file and serve an objection to the commissioner's order within 10 days after the order is entered. The objection will be considered by a judge and is governed by Rule of Civil Procedure 7.


Forms


Forms to request a Temporary Order:

Forms to respond to a Motion for Temporary Order:


Related Information


Page Last Modified: 7/8/2013
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