Once you file for divorce in California, you will likely have many issues to negotiate and resolve before your divorce can be finalized. Additionally, California has a six-month waiting period to finalize a divorce.
Sometimes a temporary order is necessary to outline each spouse’s duties and responsibilities while the divorce is pending. The order is temporary because it is only meant to last until a divorce decree is issued and you and your spouse have resolved all outstanding divorce issues.
Temporary orders serve a vital role in a divorce
You should not underestimate the importance of a temporary order. Although the provisions are temporary, they can set a precent for how the issue is ultimately decided.
For example, if you want to keep the house in the divorce, it may not be a good idea to let your spouse have the house as part of a temporary order while you move out. Courts sometimes consider the status quo when deciding how to make a final ruling on an issue.
The same is true when it comes to child custody. If your temporary order includes provisions for child custody, a court could be hesitant to disrupt the routine the child has become used to through the temporary order, since stability and consistency are a factor considered in child custody cases.
Temporary orders can cover a wide variety of topics. As mentioned above, temporary orders can address custody and property division.
Property division and debts
Temporary orders for property can address almost any type of marital property. This includes the marital residence, vehicles or other assets.
Debts are another common issue addressed by a temporary order. A court can order one or both spouses to pay marital debts, such as mortgage payments, credit card or other debts. Expenses may also be addressed, with an order determining who pays household expenses or utility bills until the divorce is final.
If one spouse has significantly more assets or income than the other, a temporary order can require one spouse to cover court costs and/or attorney fees. It can also order one spouse to pay temporary alimony or spousal support.
Automatic temporary restraining orders
Some temporary orders are automatically enacted when you file for divorce. Every divorce petition includes an automatic temporary restraining order that forbids either spouse from taking adverse financial action against the other, such as draining bank accounts or accumulating massive marital debt.
The terms of this type of temporary order are general and do not cover your specific situation. If you would like a more detailed temporary order, you must petition the court to put one in place.
Although additional temporary orders are not required, it is still usually a good idea to have them. They are important tools that help manage important aspects of your life while you go through the divorce process.