Due to state laws and the time required to emotionally prepare for finalizing negotiations, the period between the decision to divorce and the completion of the legal process is often lengthy. We previously advised you to try to negotiate, before you separate, an agreement that defines how finances will be handled during this period. We also advised you to carefully protect your assets so that you can have access to them without causing a legal flare up. Of course, many people find themselves separated without an agreement and with their assets inaccessible. These are the kinds of situations where temporary court orders can help.
If you are dependent on your spouse financially or will have custody of the children and have not arranged for at least interim support, you can ask the court for temporary orders for support and custody. A temporary order is usually granted within a few days and will remain in effect until either you settle or you have a full court hearing. If the party seeking the temporary order is the same party who files the divorce petition, then both matters should be filed at the same time. If the party seeking the temporary order did not file the petition, then that spouse should file the request for the temporary order as soon as possible.
While we emphasize the importance of reaching settlements without involving the court, temporary orders can be an exception. If one or both of you are unwilling to quickly create a temporary solution for finances and custody, waiting to act can be detrimental, especially if you are financially dependent or responsible for the care of your children. If you become financially distressed, you might be willing to agree to an unreasonable settlement in order to regain stability. Thinking longer term, when it comes to property division, if one spouse has sole access to community property, it can become easier for that person to create the appearance that the assets are separate property.
Temporary orders may also be your only route if you experience problems or concerns with the handling of child custody. If you are having trouble getting your children back during visits or have reason to believe your spouse is going to attempt to disappear with the children, a temporary order may help make your expectations clear. Of course, a court order cannot truly stop someone from taking an action, but it can increase the consequences of that action.
