Temporary Orders In Contested Divorces

Contested divorces don’t wrap up quickly. You’re looking at months, sometimes years, before a judge signs off on your final decree, but life doesn’t pause while your case winds through the court system. Bills still come due, kids need care, and someone has to pay the mortgage. Temporary orders solve this problem by setting ground rules until your divorce concludes.

What Temporary Orders Cover

California family courts can address almost any issue through temporary orders. If it’s going to be part of your final judgment, you can probably get a temporary ruling on it now.

Financial Support

• Temporary spousal support (alimony)
• Child support payments
• Payment of mortgage, rent, or other household expenses
• Health insurance coverage
• Attorney’s fees and costs

Child-Related Matters

• Temporary custody arrangements
• Visitation schedules
• Decision-making authority for education and healthcare
• Child care responsibilities

Property And Assets

• Use of the family home or vehicles
• Access to bank accounts
• Restrictions on selling or transferring assets
• Business operation responsibilities

A San Francisco contested divorce lawyer can walk you through which temporary orders make sense for your circumstances.

How To Request Temporary Orders

You’ll need to file a Request for Order (Form FL-300) with the family court. This form explains what you’re asking for and why the judge should grant it. Your spouse gets served with copies of everything. California law mandates proper notice so both sides can prepare arguments. The court usually schedules a hearing somewhere between 30 and 45 days after you file. Both spouses show up to the hearing and present their cases. You’ll offer evidence, make arguments, and answer the judge’s questions. The judge reviews financial declarations, custody proposals, and whatever else matters to your specific situation before making a decision. Working with a San Francisco contested divorce lawyer ensures that you come to these hearings with as strong a case as possible.

Evidence That Strengthens Your Request

Judges don’t guess. They base temporary orders on current circumstances and what’s best for any children involved. Strong documentation makes your request persuasive. Financial records prove income, expenses, and ability to pay. Bring bank statements, pay stubs, tax returns, and bills that demonstrate your financial reality. For custody requests, you’ll want proof of your involvement in the children’s lives. School records, medical appointments you’ve attended, and daily care routines you handle. Written records beat verbal testimony almost every time. Keep detailed notes about parenting time, expenses you’ve covered, and any behavior from your spouse that concerns you.

Duration And Modification

These orders stick around until something changes them. That might mean new temporary orders or a final judgment. Could be months. Could be longer, depending on how fast your case moves. Circumstances change, though. If something significant happens, you can request modifications. Lost your job? Got a new one? Need to relocate? Has a child’s situation shifted dramatically? Those might justify updating the temporary orders. You’ll need to prove that material changes have occurred since the judge issued the original order.

Common Mistakes To Avoid

Don’t assume temporary orders are throwaway decisions. Yes, judges aren’t bound by them when they write the final judgment, but these arrangements absolutely influence outcomes.

If temporary custody’s been working smoothly for six months, judges won’t want to disrupt that stability. Kids thrive on routine. Courts recognize that. Violating temporary orders creates massive problems. The court can hold you in contempt. You’re looking at potential fines or even jail time. Plus, you’ve just torched your credibility for everything that comes next in your case.

Some people wait too long to request temporary orders. That’s a mistake. If your spouse controls all the marital funds or makes unilateral decisions about the children, getting court intervention becomes harder as time drags on. Attorney Bernie works with clients throughout contested divorce proceedings, starting with initial temporary order hearings and continuing through the final trial. Partnering with us means you’ll understand your options and present the strongest possible case for the temporary arrangements you need. Reach out to our firm to discuss your situation today.