Temporary Orders: Protecting Yourself While Your Divorce Is Pending

What Are Temporary Orders?

Temporary orders — sometimes called pendente lite orders (Latin for “while the litigation is pending”) — are court orders that establish rules both spouses must follow during the divorce process. They are not final. They are not permanent. But they carry the full force of a court order, and violating them has real consequences.

Think of temporary orders as the rules of the game while the divorce is being decided. Without them, a controlling spouse could drain the bank accounts, take the children to another state, or refuse to pay any bills — and there would be no legal remedy until the final decree, which could be a year or more away.

Types of Temporary Orders

Courts can issue temporary orders covering almost any issue that needs to be resolved during the divorce. Here are the most common types:

How to Request Temporary Orders

Temporary orders do not happen automatically (with the exception of ATROs in some states). You must request them. Here is the process:

In many jurisdictions, you can request temporary orders at the same time you file for divorce. Do not wait. The sooner you have temporary orders in place, the sooner you have legal protections.

Emergency and Ex Parte Motions: When You Cannot Wait

Sometimes the normal 2-to-4-week timeline for temporary orders is too long. If there is an immediate threat to you, your children, or marital assets, you can file an emergency motion or an ex parte motion.

Common grounds for emergency or ex parte motions include:

If the court grants an ex parte order, the other party is notified afterward and has the right to request a hearing to contest it, typically within 14 to 21 days. The judge will then decide whether to continue, modify, or dissolve the order after hearing from both sides.

What Courts Consider When Issuing Temporary Orders

Judges do not issue temporary orders arbitrarily. They consider specific factors depending on the type of order requested:

The “Status Quo” Principle

One of the most important concepts in temporary orders is the status quo principle. Courts generally prefer to maintain the existing arrangements — especially regarding children — rather than making dramatic changes during the divorce process.

This means that if you have been the primary caretaker of your children, courts are likely to keep that arrangement in place. If you have been living in the marital home, courts are less likely to order you out. The status quo provides stability during an already unstable time.

How Long Do Temporary Orders Last?

Temporary orders remain in effect from the date they are issued until the final divorce decree is entered by the court. There is no fixed expiration date — they last as long as the divorce takes.

If your divorce takes 4 months, the temporary orders last 4 months. If your divorce is highly contested and takes 2 years, the temporary orders last 2 years. This is another reason why getting the right temporary orders is so important — you may be living under them for a very long time.

Once the final decree is entered, the temporary orders are superseded by the final orders. In many cases, especially with custody and support, the final orders closely mirror what was in the temporary orders.

Can Temporary Orders Be Modified?

Yes. Temporary orders can be modified if there is a substantial change in circumstances. You cannot simply ask for a modification because you do not like the original order. You must show that something significant has changed since the order was issued.

Examples of substantial changes include:

To modify a temporary order, you file a motion to modify, serve the other party, and attend a hearing — the same process as the original motion. The burden of proof is on the party requesting the change.

What If Your Spouse Violates a Temporary Order?

Temporary orders are court orders. Violating them is contempt of court — a serious legal matter with real consequences.

If your spouse violates a temporary order, here is what you should do:

Consequences for contempt can include fines, jail time (in severe cases), payment of the other party's attorney fees, and modification of orders in favor of the non-violating party. Courts do not look kindly on people who ignore their orders.

Preparing for the Temporary Orders Hearing

The temporary orders hearing is often one of the most important moments in your divorce. It sets the tone and establishes the framework for everything that follows. Here is how to prepare:

Dress professionally, arrive early, and be respectful to the judge, court staff, and opposing counsel. Your demeanor in court matters more than you might think.

Evidence That Strengthens Your Case

The right evidence can make or break your temporary orders hearing. Here is what to collect:

How Temporary Orders Influence the Final Outcome

Legally, temporary orders are not supposed to predetermine the final divorce decree. In practice, they almost always do. Family law attorneys widely acknowledge that temporary orders create a powerful presumption that carries into the final hearing.

Here is why:

This is why experienced family law attorneys treat the temporary orders hearing almost as seriously as the final trial. The temporary orders phase is not a practice round — it is often the main event.

Costs of Filing for Temporary Orders

The cost of requesting temporary orders varies depending on whether you have an attorney and the complexity of your situation:

Automatic Temporary Restraining Orders (ATROs)

In some states — including California, Texas, and Connecticut — filing for divorce automatically triggers temporary restraining orders that apply to both parties. These ATROs typically prohibit:

ATROs go into effect immediately upon filing (for the petitioner) and upon service (for the respondent). You do not need to request them — they are automatic. Check your state's rules to understand what protections apply in your jurisdiction.

Common Mistakes to Avoid