What Are Temporary Orders For?
Let's say a husband moves out, and the wife who's left behind needs money to feed and shelter the children. Realizing that her children would starve long before a full trial could be held, she is desperate for help. She can go to court to request a temporary order from a judge, even though a formal divorce action has not yet been filed. Her request will be put on a fast track, and a hearing will be scheduled within days or weeks.
Spouses can also ask a court to temporarily:
- restrain a spouse from coming near or contacting the other (or, if he or she hasn't already done so, to move out of the family home)
- establish child custody and visiting arrangements
- provide for spousal support (alimony) and/or child support payments
- order either spouse not to sell valuable assets, and/or
- give possession of the family home or car to one of the spouses.
These temporary orders are usually valid until the court holds another hearing or until the spouses arrive at their own settlement through negotiation or mediation.
Copyright © 2005 Nolo
My friend has been separated from her husband for over a year. He has admitted to his affair outside the marriage. Her attorney has tried to get her a temporary hearing and it seems to get cancelled every time. She has received no alimony or child support. It has been a real frustrating experience for her. I have a suspicion that the fact that her husband is the former Lt. Governor and his brother is in the Senate, may have something to do with it. Boy could this state use some judicial reform so people like her can have her day in Court. Any suggestions?
What if the women is preganat and is going to leave the state and will not inform the husband when she will have the baby and where she would be staying? Do you know if this can happen in the state of South Carolina? Please HELP!
I was hit with a temporary order ordering me to pay my wife more money in temporary spousal support than what I earn! The Court denied my motion to reconsider, so now I am stuck with an order I can't possibly comply with. What is up with that idiot judge?