No Time to Waste: Temporary Orders in Family Law Matters

Divorce and other family law matters can be lengthy affairs, often dragging on for months before final resolution. During that time, the parties need to make temporary decisions about managing their affairs, such as alimony and child support, until the divorce is finalized. California family law allows for the parties to settle these day-to-day matters through the issuance of temporary orders. If you’re in the early stages of a divorce or any other family law matter and need to make plans for the near term, a Stockton family law attorney can assist you. 

When You Can Request Temporary Orders

The parties to family law matters may request temporary orders at the start of a case or at any time before final judgment. In most cases, temporary orders are intended to preserve the status quo pending the outcome of legal proceedings. Obtaining a temporary order generally involves the following steps: 

• The requesting party completes and files a request for a temporary order using form FL-300. They may also attach supporting documentation to this form, such as an income and expense declaration. 
• After filing this information with the court, the requesting party must serve a copy of it on the other party. 
• Both parties attend a scheduled hearing to present their case to the judge, who will then issue a determination. 

In emergency situations, such as those involving domestic violence, the requesting party can request a temporary emergency order (form FL-305), which allows the court to issue the order with little to no notice to the other party. 

Matters for Which Temporary Orders May Be Appropriate 

Temporary orders are available for many family law matters, including: 

Alimony 

Temporary alimony helps the lower-earning spouse maintain a responsible standard of living during the pendency of the divorce proceedings. Courts may order temporary alimony even if they do not order permanent alimony. 

Child Custody and Visitation 

Temporary child custody and visitation orders provide short-term solutions while the parents work out a long-term plan. In some cases, temporary custody arrangements form the basis for permanent custody orders. Child custody is also one of the matters for which a parent might seek an emergency order. 

Child Support 

Like temporary child custody orders, temporary child support orders are designed to help cover a child’s expenses until the final details are sorted out. 

Property and Financial Control 

“What happens to the family house” during and after a divorce is a very common question, and one that often takes the parties a while to work out. During that time, courts may order that one spouse or the other get control of certain property or have to pay certain bills until the property division portion of the divorce is finalized. 

Attorneys’ Fees

To ensure that both parties have equal access to legal representation, California family law allows either party to request temporary attorneys’ fees from the other during the pendency of the proceedings. 

Settle Near-Term Issues With Help From a Stockton Family Law Attorney

Don’t forget to cover all your bases in the short term while you work out a long-term plan. For more information about temporary orders in family law matters, please speak to a Stockton family law attorney at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.