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Scottsdale, AZ 85250

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Temporary Orders

Divorce cases are not settled overnight. Typically divorce and other family law matters take months and even years to come to a resolution. In the meantime, while parties are waiting for the judge’s final decision, they can use temporary orders to set out how the parties should conduct themselves until the final divorce decree. Divorcing spouses can request temporary orders for the following issues:

  • Restraining orders to keep one spouse from contacting the other spouse
  • Restraining orders on selling assets or property
  • Orders establishing child custody
  • Orders establishing visitation arrangements
  • Orders establishing possession of certain assets like the family home or vehicles

Temporary orders can be modified or changed. Typically the temporary orders do not last for a long time. Once the final divorce decree is set in place most of the time there is no need to maintain temporary orders.

Phoenix Temporary Orders Attorney

The Daly Law Firm represents clients going through divorce in Maricopa County, including Scottsdale, Phoenix, Tempe, Mesa, and Glendale. If you have been served with divorce papers or you are contemplating a divorce, contact the Daly Law Firm for an analysis of your case.

Divorce is a difficult event for all the members involved. With the help of a compassionate divorce attorney, you can get through the divorce and temporary orders process as smoothly as possible.


Temporary Orders Information Center


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What is a preliminary injunction?

Under A.R.S § 25-315(A) a preliminary injunction is an automatic order filed at the beginning of any divorce, legal separation or annulment action. The purpose of this order is to stop either spouse from:

  • Transferring, stealing, selling or otherwise disposing of any joint, common, or community property unless it is in the usual course of business, out of necessity to pay for living expenses, court fees, or attorney fees. The party must receive written consent or permission either from the other party or the court in order to transfer, use, or sell assets once the divorce proceeding commences.

  • The parties are also not allowed to threaten or harass each other.

  • The parties also cannot remove children from the Arizona jurisdiction while the divorce case is pending.

  • The parties cannot remove the children from any existing insurance coverage.

  • Both parties must maintain all insurance coverage in full force and effect.

These are the default preliminary injunctions laid out in the Arizona Revised Statutes. It is possible for parties to add additional orders or agree to waive some of the orders.


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When do I need to file for temporary orders?

Along with the initial petition for divorce a preliminary injunction is usually filed. There are a number of temporary orders that you could file once your divorce case gets under way. Typically there is not a specific time limit for you to file these orders.

If you suspect or feel that your spouse will commit some act in bad faith then contact your lawyer immediately so that he can file a motion for a temporary order. It is better to try to file these motions before the action occurs because then the court has a remedy if the spouse violates the temporary order.


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How do I get a temporary order?

To get a temporary order, you will have to file a legal motion with the court. The steps are:

  • An Order to Show Cause motion or application form -

    This form needs to be filed with the court. This motion orders your spouse to come to court and present evidence or testimony as to why the order should not be granted.

  • A supporting affidavit for the temporary order -

    This written statement states the facts that legally justify the temporary order. It is a sworn statement so you must make sure that you only state the truth or else you could be charged with perjury.

  • A proposed temporary order granting the requested relief -

    The family law judge signs this order if he thinks the temporary order is necessary.

  • Proof of service -

    It is necessary for your spouse to receive notice about the temporary order so that they are aware of the restrictions set in place by the court. If you cannot provide proof of service to the court, your spouse will be able to break the temporary order because there is no documentation that he has knowledge of the temporary order.


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What should I expect at a temporary order hearing?

At the temporary hearing the judge will review the paperwork you submitted for the temporary order. He will probably interview you questions about why you want the temporary order. If you spouse attends the hearing then the judge will ask your spouse for counterarguments or reasons why the order should not be granted.

The hearing should only take up to a half an hour to complete. Usually the judge will make a ruling on the matter at the end of the hearing. The order will stay in effect for the duration of the divorce proceeding unless circumstances change and one of the spouses files another motion to modify the temporary order.


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How long does it take to get an emergency temporary order?

A temporary order hearing is scheduled within a few weeks, but if you feel it is an emergency then a hearing can be scheduled within a couple days. Be mindful that fear of bodily injury or child endangerment are examples of emergency situations. Try not use temporary orders to annoy or harass your spouse. Only initiate emergency temporary orders for a legitimate reason.


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Resources

Maricopa County Temporary Order Forms - A list of forms used in Maricopa County to get temporary injunctions.


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Daly Law Firm | Scottsdale Temporary Order Lawyer

The Daly Law Firm represents clients going thorough divorce in Phoenix or surrounding areas of Maricopa County, including: Phoenix, Mesa, Glendale, Chandler, Scottsdale, Gilbert, Tempe, or Peoria. If you have been served with divorce papers or you are contemplating a divorce, contact the Daly Law Firm at (480) 607-8308 for a free initial consultation.

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