Family Law & Divorce Attorney
Arizona courts can issue temporary orders during a divorce to address legal decision-making, parenting time, child support, spousal maintenance, use of the marital home, and other immediate financial concerns. These enforceable orders establish how important issues will be handled until they are modified, terminated, or replaced by the final divorce decree. They can be particularly useful when spouses cannot agree on parenting, financial responsibilities, or living arrangements.
What Temporary Orders Can an Arizona Court Issue?
After a divorce case is filed, either spouse can request temporary orders based on the issues that need to be resolved while the case is pending.
Temporary orders may address:
- Legal decision-making and parenting time: The court can establish temporary arrangements for parental decision-making and each parent’s time with the children.
- Child support: One parent may be required to pay support while the divorce is pending.
- Spousal maintenance: A spouse may receive temporary financial support when appropriate.
- The marital residence: The court may give one spouse exclusive use and possession of the family home during the case.
- Property and finances: Temporary relief may address possession of certain assets and other financial issues that cannot wait until the divorce is final.
- Attorney fees and costs: The court may make an interim award of fees and costs in appropriate circumstances.
These decisions are temporary. For example, allowing one spouse to remain in the marital home does not necessarily determine who will receive the property when assets are divided in the final decree.
How Do Temporary Parenting and Support Orders Work?
Temporary orders can establish legal decision-making and parenting time when parents cannot agree. As with final child custody and parenting arrangements, the court focuses on the child’s best interests. The court may consider the child’s relationship with each parent, adjustment to home and school, and other factors required by Arizona law. Domestic violence or child abuse can also significantly affect these decisions.
Temporary child support can help meet a child’s financial needs while the parents live separately and is generally determined under Arizona’s Child Support Guidelines. A spouse may also request temporary spousal maintenance. Neither temporary support order necessarily determines what will be awarded in the final decree.
Can Temporary Orders Address the Marital Home and Finances?
A spouse may request exclusive use of the marital residence while the divorce is pending. The court can also address possession of certain property, qualifying liquid marital assets, and other interim financial issues.
For example, a spouse may request exclusive use of the marital residence. The court can also address possession of certain property and qualifying liquid marital assets. Depending on the circumstances, other temporary financial relief may be available when bills or financial obligations need to be addressed before the divorce is final.
Arizona divorce cases are also generally subject to a preliminary injunction that restricts spouses from improperly transferring, concealing, or disposing of community property while the case is pending, subject to certain exceptions.
How Do You Request Temporary Orders in Arizona?
Temporary orders are not automatic. After a divorce is filed, a spouse seeking temporary relief generally must file a request explaining what orders are needed.
The other spouse generally receives notice and an opportunity to respond. If the parties cannot agree, the court may hold a hearing before deciding what temporary arrangements are appropriate.
Different procedures can apply when immediate relief is necessary. Arizona law allows certain temporary orders to be issued without advance notice when specific legal requirements are met, including circumstances involving irreparable injury.
What Happens If Someone Violates a Temporary Order?
Temporary orders are enforceable court orders and must be followed while they remain in effect. If your spouse fails to comply, you can ask the court to enforce the order. The available remedies depend on the order and the nature of the violation.
Keep records of possible violations, including missed payments or parenting-time problems. Documentation can be important if court intervention becomes necessary.
Address Temporary Issues Before They Become Larger Disputes
Temporary orders can affect your finances, living arrangements, and parenting responsibilities throughout much of your divorce. The right request depends on your family’s circumstances and the issues requiring immediate attention.
At Cohen Family Law, we help clients request, respond to, and enforce temporary orders during Arizona divorce cases. Contact us to discuss your situation and the temporary relief that may be available.
