Many more cases go to a contested hearing over the issue of a temporary order than they do as to the final allocation of parental rights or division of property. Many times the parties are at their most emotional state at onset of a case. It is often that during this time that they cannot find any way to reach an agreement as to those issues. In that instance, the court must step in and issue some temporary orders that will remain in place up until the final trial.

The first distinction is to draw the line between what is temporary order and a temporary restraining order. Temporary order is order which the court will establish as to how the parties shall operate during the pendency of their divorce case. They are very important because, although they are temporary in nature they may set the precedent of how the case will ultimately be resolved. What makes temporary orders unusual is that, initially they do not afford the parties the full due process rights as a trial does. Some court will issue temporary orders based upon the affidavits of the parties. Other courts will have the attorneys’ present evidence and make statements on behalf of their client without actually having either client testify. Still other courts will have both parties immediately in and testify about what temporary orders should be in place. Other courts will have the issues of temporary support resolved by one magistrate and temporary custody/parenting time resolved by a different magistrate. This all depends on which court you are in. Needless to say, regardless of the format, being prepared for temporary orders can set the stage for the entire divorce case.

It is important to work with your lawyer in developing a strategy to make the court aware of the issues regarding custody of your case based upon a temporary orders basis.

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