- What are temporary orders?
- How do we know if we need temporary orders?
- Are temporary orders available for all divorces?
- How do I know if I can get temporary orders?
Did you know that the divorce "waiting period," the time you must wait between filing your initial divorce paperwork and getting your final divorce decree, can be six months or more depending on which state you live in?
So, what happens if, during that time, you and your spouse live in separate households? How will you continue to pay your bills? How will you and your spouse share parenting time, and where will the kids live?
At Hello Divorce, these are some of the most common questions we hear. One of the scariest parts of divorce can be the unknowns and navigating that "in limbo" time before your divorce is final.
If you're feeling this way, you can often find relief from the court in the form of temporary orders.
What are temporary orders?
Temporary orders are short-term orders from the court around many issues of your divorce, including who lives in the marital home, the amount of spousal and child support, how you pay marital bills and debts, and how you divide parenting time. These orders generally end once you have your final court hearing or receive your divorce decree and final judgment or court orders, which will lay out all the final agreements on these topics between you and your spouse.
How do we know if we need temporary orders?
Temporary orders make it easier for both spouses to keep up the relative lifestyle they enjoyed during the marriage, even while their divorce case is pending. These orders make sure that neither spouse has a relative advantage or disadvantage during this time. For instance, if one spouse does not earn income and the spouses separate, temporary orders can make sure the non-earning spouse can pay their bills, buy groceries, etc. Temporary orders can also help limit the communication between spouses if they are going through a more contentious divorce.
Are temporary orders available for all divorces?
They're not. The courts generally view the need for temporary orders on a case-by-case basis. State-specific divorce laws, or even local court rules, can factor into the court's decision, and even the particular judge assigned to your case could have an individual take on whether you need temporary orders.
How do I know if I can get temporary orders?
To find out if you qualify for temporary orders, begin by contacting the self-help center at your local court. And, if you live in California, Colorado, Texas, or Utah (more states coming soon!), schedule a legal coaching session with an attorney in your area to discuss the specifics of your case and whether temporary orders are right for you.
At Hello Divorce, we strive to provide you with all the divorce resources you need at your fingertips, and the very best resource you can have is knowledge. Schedule your free 15-minute phone call to learn more about how Hello Divorce can help you navigate to the next chapter of your life ... and don't forget to check out some of our favorite resources!
FAQs About Big Decisions Before Divorce Is Final
What big decisions must be made before a divorce is finalized?
Key decisions often include child custody and parenting time, division of property and debts, spousal support, child support, and whether to sell or keep the marital home.
Do I need to decide what happens to the marital home before divorce is final?
Yes. Your divorce judgment must specify whether the home will be sold, one spouse will buy out the other, or if another arrangement will apply.
How do parenting decisions factor into divorce?
Custody, parenting schedules, and decision-making authority must be addressed in your divorce agreement. Courts focus on the best interests of the children.
Is spousal support always required?
No. Spousal support depends on factors like income, length of marriage, and state law. Some divorces include it, while others do not.
Do retirement accounts have to be divided before divorce is final?
Yes. The judgment should clearly state how retirement and investment accounts will be divided, often requiring a Qualified Domestic Relations Order (QDRO).
Can we change our decisions later?
Some provisions, like child custody and support, can be modified if circumstances change. Others, like property division, are usually final once the divorce is complete.
How To: Make Big Decisions Before Divorce Is Final
Decide on parenting arrangements
Determine custody, parenting schedules, and decision-making authority. Focus on the best interests of your children.
Address child support and spousal support
Calculate child support under your state’s guidelines and discuss whether spousal support applies based on income and marriage length.
Determine what to do with the marital home
Agree whether the home will be sold, one spouse will keep it, or another arrangement will apply, such as a delayed sale.
Divide property and debts
List assets and debts, classify them as marital or separate, and agree on a fair division.
Plan for retirement and investments
Decide how to divide retirement accounts and investments. Ensure a QDRO or similar order is prepared when required.
Finalize agreements in writing
Incorporate all decisions into your divorce judgment so the court can issue enforceable orders.
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