What Temporary Orders Can Cover
A dissolution case can take months. During that time, both spouses still need to pay bills, support children, and live somewhere. Temporary orders fill the gap between filing a petition and the final decree. Either party can request orders the courts issue covering equal access to liquid assets, temporary spousal maintenance, interim child support, exclusive use of the family home, and other relief.
In a proceeding for dissolution of marriage, legal separation or annulment or for maintenance or support following a dissolution of marriage by a court that lacked personal jurisdiction over an absent spouse, either party may move for temporary orders.
A.R.S. § 25-316(A)The court can also issue emergency orders without notice to the other party. This applies when waiting would cause irreparable harm. It is designed for situations where assets could be dissipated, a spouse could be left without resources, or children need immediate protection.
A divorce attorney can help determine which temporary orders to request. Common requests include temporary maintenance, child support, or attorney fees. These requests are entered or for temporary maintenance child support or attorney fees as part of the marriage by a proceeding for dissolution of marriage.
Liquid Assets and the Preliminary Injunction
One of the most commonly used provisions allows either spouse to request equal possession of liquid assets. These are assets that existed on the date the petition was served. Liquid assets include cash, nonretirement funds in financial institutions, cryptocurrency, coins, and precious metals. The court divides these assets equally unless it finds good cause not to. This preliminary division does not affect the final property settlement.
A party who seeks an order for equal possession of liquid assets shall file a motion that is accompanied by an affidavit setting forth the factual basis for the motion, the amounts requested and, if appropriate, the liquid assets of the parties.
A.R.S. § 25-316(B)Temporary orders end when the final decree is entered or the petition is dismissed. They do not affect either party's rights in the final outcome. Working with experienced counsel early can help protect both spouses' financial positions from the start.