The Role of Temporary Orders in Divorce Proceedings
Divorce is one of the most challenging experiences a person will ever face. In addition to the emotional strain, there are immediate concerns about where each spouse will live, how bills will be paid, and how children will be cared for.
Because the full divorce process can take months or even longer to resolve, Florida courts have a way to address these issues in the short term through temporary orders. As a divorce attorney, I have seen how these orders provide structure and stability during an uncertain time.
At Marquez Law, I represent clients in Orlando and West Palm Beach, Florida, and serve families throughout Central Florida—including Orange, Osceola, and Seminole Counties—and South Florida, including Palm Beach and Broward County.
I understand how important it is to establish clear temporary arrangements early in the process so both parties can focus on resolution rather than conflict.
What Are Temporary Orders?
Temporary orders are court directives issued at the beginning of a divorce to manage key aspects of a couple’s life while the case is pending. They do not determine the final outcome but instead set temporary rules until a final judgment is entered.
Common issues addressed through temporary orders include:
Child custody and parenting time: Creating a schedule to guarantee children experience stability.
Child support and spousal support: Providing financial assistance during the proceedings.
Use of marital property: Deciding who stays in the marital home or uses shared vehicles.
Payment of bills and debts: Assuring that financial obligations are met.
As a divorce attorney, I often explain that these orders act as a roadmap for how both parties will live and interact until the divorce is finalized. They can be modified later if circumstances change or once a permanent agreement is reached.
Why Temporary Orders Are Necessary
Without temporary orders, both spouses may find themselves in difficult or uncertain situations. Disagreements about living arrangements, childcare, or financial responsibilities can lead to tension and instability.
Temporary orders help maintain balance by setting clear expectations. For example, if one spouse moves out, the order can specify who pays the mortgage or rent and how childcare costs will be divided. These orders also prevent one party from making drastic financial changes—such as draining joint accounts or selling assets—while the divorce is still pending.
I’ve worked with many clients who felt a sense of relief once temporary orders were in place. The structure allows each person to move forward knowing that essential issues are under control, even as the larger case continues.
The Process of Requesting Temporary Orders
Temporary orders are not automatically issued in every divorce case. Either spouse must formally request them by filing a motion with the court. The motion outlines what the requesting spouse is asking for—such as temporary custody, alimony, or exclusive use of the marital home—and provides supporting information or documentation.
Once the motion is filed, the court schedules a hearing. Both sides can present evidence and testimony. I prepare clients thoroughly for this stage, making sure we have clear documentation of financial needs, parenting schedules, and living arrangements. Judges rely heavily on accurate information to make fair temporary rulings.
In many cases, the hearing is the first time the judge meets the parties. The impressions formed here can shape how the rest of the case unfolds, which is why careful preparation is so critical.
Temporary Child Custody and Parenting Schedules
When children are involved, the court’s top priority is their well-being. Temporary orders establish where the children will live and how much time they will spend with each parent during the divorce process.
Courts in Florida favor arrangements that promote frequent and continuing contact with both parents whenever possible. Temporary orders may specify:
Residential arrangements: Where the children will live most of the time.
Visitation schedules: When and how the non-residential parent will spend time with the children.
Decision-making authority: Which parent will make important choices about education, healthcare, and activities.
I always emphasize to clients that temporary custody orders set a pattern that can influence the final parenting plan. Judges often prefer consistency, so maintaining cooperation and stability during this stage can have long-term benefits.
Temporary Child Support
Divorce often creates financial strain, especially when one parent earns significantly more than the other. Temporary child support assures that the children’s needs are met while the divorce is ongoing.
The court calculates support using Florida’s child support guidelines, which consider income, healthcare costs, daycare expenses, and the number of overnight visits with each parent. As a divorce attorney, I make sure my clients’ financial disclosures are accurate and complete so that child support is set fairly.
These payments are critical to maintaining the children’s standard of living and help prevent further disputes over money as the case moves forward.
Temporary Spousal Support
Temporary spousal support, often referred to as “temporary alimony,” may be awarded to help one spouse cover living expenses while the divorce is pending. This type of order is especially common when one partner has been financially dependent on the other. The court reviews several factors, including:
The length of the marriage.
Each spouse’s income and earning capacity.
Monthly expenses and financial obligations.
The lifestyle maintained during the marriage.
I gather documentation—such as pay stubs, tax returns, and bank statements—to demonstrate financial need or ability to pay. The goal is to make sure both spouses can maintain reasonable stability until the court issues a final decision.
Exclusive Use of the Marital Home
When a couple separates, deciding who stays in the marital home can be one of the most emotional issues. Temporary orders allow one spouse to remain in the residence, particularly when children are involved. This helps maintain consistency for the family and prevents unnecessary conflict.
I often encourage clients to think practically about these arrangements. If one spouse can no longer afford the mortgage or rent alone, we explore alternative solutions that provide stability without creating additional financial stress. The court’s priority is fairness and the welfare of any children living in the home.
Managing Marital Debts and Expenses
Temporary orders can also divide financial responsibilities between spouses while the case is pending. This makes sure essential bills are paid and that neither party faces unnecessary hardship.
Typical financial obligations addressed include:
Mortgage or rent payments.
Utilities and insurance premiums.
Car payments and maintenance.
Credit card or loan payments.
I help clients prepare detailed expense lists and account records. Presenting a clear financial picture allows the court to make informed decisions about temporary support and payment arrangements.
Enforcement of Temporary Orders
Once a temporary order is in place, both spouses are legally required to follow it. If one party violates the order—for example, by failing to pay support or by disregarding a visitation schedule—the other party can file a motion for enforcement or for contempt.
Courts take these violations seriously. In some cases, judges may impose fines, require repayment, or even modify the terms of the order. I remind clients that following the temporary orders closely demonstrates responsibility and respect for the legal process, which reflects positively in future proceedings.
Modifying Temporary Orders
Circumstances can shift during a pending divorce. A job loss, medical emergency, or relocation may render an existing order unfair or impractical. Under Florida law, either party can request a modification of temporary orders if a significant change in circumstances occurs..
As a divorce attorney, I assist clients in gathering evidence to support these requests. It’s essential to act quickly and through proper legal channels rather than making informal adjustments that could violate the order. Modifications keep the arrangement fair and responsive to changing needs.
Preparing for the Final Divorce Decree
Temporary orders are not permanent, but they often influence the court’s final decisions. If an arrangement works well—such as a parenting schedule or support payment structure—the judge may adopt similar terms in the final decree.
That is why I encourage clients to treat temporary orders seriously. Demonstrating cooperation, financial responsibility, and a commitment to stability can make a strong impression on the court. The temporary phase is an opportunity to show how future arrangements can function successfully.
Why Legal Guidance is Essential
The process of requesting, negotiating, and complying with temporary orders can be overwhelming for families. Each decision carries long-term implications for finances, family relationships, and property division. Working with an experienced divorce attorney assures that your rights are protected and that your case is presented clearly and persuasively.
I handle every stage of this process personally—from preparing motions and evidence to representing clients at hearings. My goal is always to secure fair temporary arrangements that support my clients’ best interests while laying the groundwork for a favorable final outcome.
Reach Out Today
At Marquez Law, I proudly represent clients in Orlando and West Palm Beach, Florida, serving Central Florida—including Orange, Osceola, and Seminole Counties—and South Florida, including Palm Beach and Broward County.
As a divorce attorney, I understand that temporary orders are essential tools for maintaining balance during a life-changing process. If you are considering divorce or are already involved in proceedings and need help securing fair temporary orders, contact me today.
