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A.R.S. § 25-316

Temporary Orders During Divorce Cases

Verified April 4, 202657th Legislature, 1st Regular Session

When a divorce, legal separation, or annulment begins, either spouse can ask the court for temporary orders. These orders cover asset access, spousal maintenance, child support, and use of the family home while the case is pending.

Title 25, PREMARITAL AND MARITAL AGREEMENTS

azleg.gov

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.

25-316. Temporary orders; definition A. 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 seeking any of the following: 1. An order for equal possession of the liquid assets of the marital property. 2. Temporary spousal maintenance. 3. Temporary legal decision-making and parenting time of a child common to the parties. 4. Temporary support of a child, natural or adopted, common to the parties entitled to support. 5. Exclusive use and possession of the family home or the home of the moving party. 6. Exclusive use and possession of other property of the parties. 7. An interim award of attorney fees and costs. 8. Other relief deemed necessary pending final resolution of the issues of the parties. B. 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. C. The court may issue a temporary order without requiring notice to the other party only if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury will result to the moving party or a minor child of the parties if an order is not issued until the time for responding has elapsed. D. A temporary order: 1. Does not prejudice the rights of the parties or of any child that are to be adjudicated at subsequent hearings in the proceedings. 2. May be revoked or modified before the final decree. 3. That provided for equal possession of the liquid assets of the marital property does not prejudice either party's claim for temporary maintenance, child support or attorney fees. 4. Terminates when the final decree is entered or when the petition for dissolution, legal sepa...

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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