Temporary Orders in Divorce: Custody, Support, and Property

Temporary orders are court-issued directives that govern household arrangements, financial obligations, and parental rights during the interval between a divorce filing and the entry of a final decree. Because divorce proceedings in contested cases can extend 12 to 18 months or longer, these orders prevent one party from draining joint accounts, relocating children, or leaving a dependent spouse without income during litigation. This page covers the legal definition and scope of temporary orders, the procedural mechanics by which courts issue them, the fact patterns that most commonly trigger them, and the standards courts apply when deciding their content.

Definition and scope

A temporary order — sometimes called a pendente lite order, from the Latin legal phrase meaning "while the litigation is pending" — is a provisional ruling issued by a family court that carries the force of law from the date of entry until it is superseded by a final divorce decree or modified by a subsequent court order. Temporary orders are creatures of state procedural law; every U.S. jurisdiction has its own enabling statutes and local court rules, but the substantive categories they govern are consistent across jurisdictions.

The three primary subject-matter categories are:

Temporary custody and parenting time — establishes which parent has physical custody of minor children and what visitation schedule governs the other parent during the pendency of the case.
Temporary financial support — covers both child support and spousal support (sometimes called pendente lite alimony or temporary maintenance).
Temporary property and debt restraints — includes injunctions against dissipating marital assets, exclusive use of the marital home, and allocation of ongoing debt payments such as mortgages and car loans.

A fourth, narrower category applies in cases involving documented abuse: emergency protective orders. These are addressed under the separate framework of Protective Orders in Divorce Proceedings because their procedural pathway — often an ex parte emergency hearing without advance notice to the other party — differs materially from standard temporary order practice.

The Uniform Marriage and Divorce Act (UMDA), drafted by the National Conference of Commissioners on Uniform State Laws (now the Uniform Law Commission), establishes a model framework that approximately 8 states have adopted in whole or substantial part, and from which a larger number have drawn statutory language. Section 304 of the UMDA expressly authorizes courts to enter temporary custody and support orders upon a showing that a child or dependent spouse requires immediate protection.

How it works

The procedural sequence for obtaining a temporary order follows a recognizable structure across jurisdictions, though filing deadlines, hearing scheduling norms, and required documentation vary by state and by county.

Step 1 — Motion and supporting declaration. The requesting party files a motion for temporary orders simultaneously with or shortly after the divorce petition. The motion is accompanied by a sworn declaration or affidavit setting out the factual basis, and in support cases, a financial disclosure statement. Courts in most jurisdictions require use of a standardized financial declaration form; California, for example, uses the Judicial Council Form FL-150 (Income and Expense Declaration) as a mandatory attachment (California Courts, Judicial Council Forms).

Step 2 — Notice and response. The opposing party receives service of the motion and is given an opportunity to file a responding declaration and counter-request before the hearing date. The response window is typically 9 to 15 days depending on local rules.

Step 3 — Temporary restraining orders (automatic or requested). Upon filing in states that have adopted automatic temporary restraining order (ATRO) provisions — California and Colorado are prominent examples — both parties are immediately enjoined from transferring assets, canceling insurance, or removing children from the jurisdiction. These ATROs take effect on service of the petition and do not require a separate hearing.

Step 4 — Hearing. Most temporary order hearings are brief, lasting 20 to 45 minutes. Judges rule on declarations and financial documents rather than live testimony. Some jurisdictions allow contested evidentiary hearings on custody when the parties present sharply conflicting accounts of the children's circumstances.

Step 5 — Entry and enforcement. A signed order is entered into the court record and served on both parties. Violation of a temporary order can result in contempt findings, attorney's fee sanctions, or — in custody contexts — a modification of the parenting arrangement. Enforcement mechanisms are covered in Divorce Decree Enforcement.

Common scenarios

Custody stabilization. When parties separate and no parenting schedule is in place, temporary custody orders establish a status quo that courts are later reluctant to disturb without compelling reason. Under the best interests of the child standard, applied in all 50 states pursuant to the UMDA framework and independent state statutes, courts examine the child's existing attachments, each parent's capacity to provide stability, and — for children of sufficient age and maturity — the child's own expressed preference.

Pendente lite support. A non-earning or lower-earning spouse may lack funds to retain counsel or meet basic expenses once household finances separate. Courts calculate temporary spousal support using formulas in some states (California's guideline pendente lite formula is based on 40% of the higher earner's net monthly income minus 50% of the lower earner's net monthly income, per California Family Code § 3600) and judicial discretion in others. Temporary child support is almost universally calculated using the state's guideline formula, which in the majority of jurisdictions is an income shares model published by the state's child support enforcement agency under Title IV-D of the Social Security Act (Office of Child Support Services, HHS).

Asset preservation. In high-asset divorce cases involving business interests, investment portfolios, or real estate, temporary orders frequently include injunctions against selling, encumbering, or transferring specific assets. These orders work in tandem with divorce financial disclosure requirements and the discovery process initiated under Discovery in Divorce Proceedings.

Exclusive use of marital home. Where both parties cannot practically remain in the marital residence and no domestic violence basis exists for an emergency order, either party may move for a temporary exclusive use order. Courts weigh each party's alternative housing options, the presence of minor children, and relative financial resources.

Decision boundaries

Temporary orders differ from final orders in several legally significant respects, and courts treat them accordingly.

Temporary vs. final orders — contrast. A temporary order is explicitly provisional; it creates no precedential weight regarding the final disposition of property, and courts routinely clarify on the record that a temporary custody arrangement does not predetermine the final parenting plan. A final divorce decree, by contrast, is a permanent adjudication subject to modification only through a post-judgment motion showing a substantial change in circumstances (see Post-Divorce Modification Proceedings). Despite this formal distinction, empirical family law scholarship — including work published by the American Bar Foundation — documents a practical anchoring effect: temporary custody schedules are adopted as permanent arrangements in a significant proportion of cases, particularly when the proceedings are resolved by settlement rather than trial.

Ex parte vs. noticed hearings. An ex parte temporary order is issued without the opposing party's participation, based solely on the moving party's showing of irreparable harm or immediate danger. Courts apply a higher threshold for ex parte relief precisely because the absent party has had no opportunity to contest the facts. The Federal Rules of Civil Procedure Rule 65(b), adapted in state family law contexts, requires the moving party to certify specific efforts to give notice or explain why notice should not be required (Federal Rules of Civil Procedure, Rule 65).

Jurisdictional limits on temporary custody orders. In cases where parents reside in different states or a parent has recently relocated, temporary custody jurisdiction is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), enacted in 49 states and the District of Columbia (Uniform Law Commission, UCCJEA). The UCCJEA assigns jurisdiction to the child's "home state" — the state where the child has lived with a parent for at least 6 consecutive months immediately before the proceedings — and prohibits other states from entering conflicting temporary orders except in genuine emergency circumstances. For interstate support jurisdiction, the parallel framework is the Uniform Interstate Family Support Act (UIFSA).

Modification during pendency. A temporary order may be modified before the final decree if a material change in circumstances occurs after entry. The standard for modifying a temporary custody order mid-case is generally lower than the standard applied to final custody orders, because the court has not yet conducted a full evidentiary hearing. Conversely, temporary financial orders can be adjusted when a party's income or expense situation changes substantially during the pendency of the case.