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Do Temporary Orders Expire?

Posted by J. Benjamin Stevens | Sep 01, 2005 | 0 Comments

In most Family Court matters, a temporary hearing is held within two to six weeks of the case being filed. If a final hearing has not been requested within 270 days of the date the case is filed, it is typically administratively dismissed. So what happens to the Temporary Order? Does it expire or do its terms continue?
I contend that the terms of a Temporary Order continue until a subsequent Order is issued, and the vast majority of Family Court judges share the same opinion. Our appellate courts have not specifically addressed this issue, and it has been the subject of discussion and debate at legal seminars and conferences in recent years.
Our Supreme Court issued a decision earlier this week (Widdicombe v. Tucker-Cales, Opinion No. 4022), which has somewhat clarified this issue. In this case, the Court held that the prior Temporary Orders had the practical effect of a Final Order, although it referenced the unique factual circumstances of that case.

About the Author

J. Benjamin Stevens

Aggressive, creative, and compassionate are words Ben Stevens' colleagues freely use to describe him as a divorce and family law attorney. Ben is a Fellow in the prestigious American Academy of Matrimonial Lawyers, the International Academy of Family Lawyers, and is a Board Certified Family Trial Advocate by the National Board of Trial Advocates. He is one of only four attorneys in South Carolina with those simultaneous distinctions. To schedule a consultation with Ben Stevens call (864) 598-9172.


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