subject: Understanding the Temporary Order in Divorce [print this page] You might have started picking your divorce attorney, or you might have actually decided to opt for a pro se divorce. If you have done either one of these, you might have also started filing your divorce papers. If this is the case, the next step now is the preparation for the temporary order.
Attorneys sometimes tell their clients that this is literally just a "temporary" order, leading you to think that this won't actually have a big impact in the outcome of your divorce. They are actually mistaken about this statement. Temporary orders are considered to be the "rules of the road," giving both parties a rule governing their relationship as to child support, child custody or spousal support or alimony while their divorce is in the court process.
Temporary orders "expire" when parties have already decided or have already came up with a final agreement regarding their responsibilities with each other. A parenting plan or other parenting arrangement can be set up and arranged in a temporary order. This commonly states who has the right to take care of the child or children. Arguments concerning contact rights of one party to the child can be settled in a temporary order.
The defendant, which is most frequently the father if the wife filed for the divorce first, must remember that up until a temporary order is set, both parties have equal right on their kids. Fathers don't need to act like a nice guy and try to please the other party by agreeing to the order that would eventually compromise his future visitation with his child(ren). One must know that this temporary order is not literally temporary as it may affect your final order by setting a precedent for the courts to rely upon. In setting up or agreeing with a temporary order, always consider you capability to actually do the task or responsibilities stated in the order, and make sure that they reflect the future you want to have with your children.
