Temporary orders are the orders a court may make effective from the time a lawsuit for divorce is filed until it is resolved and the divorce decree is signed by the court. These orders are generally designed to preserve the status quo (current status) of the spouses’ marital property, finances, and children, and may include obligations to pay temporary child support, pay temporary spousal support, and provide for child custody and visitation arrangements. Temporary orders may also prohibit the spouses from selling or transferring significant marital or community property assets. If there are any allegations of family or domestic violence or abuse, the court may issue a stay-away order of protection restricting the spouses’ physical proximity to each other and the nature and means of their communications with each other.
Laws regarding the subjects and processes for temporary orders vary from state to state and are usually located in a state’s statutes—often in the family code or domestic relations code.
In Alabama, temporary orders are a critical aspect of divorce proceedings, providing interim rules and guidelines for the parties involved from the time the divorce is filed until the final decree is issued. These orders aim to maintain the status quo regarding marital property, finances, and child-related matters. Alabama courts can issue temporary orders that require one spouse to pay child support and spousal support, establish temporary child custody and visitation schedules, and prevent either spouse from selling or transferring significant assets. Additionally, in cases where there are allegations of domestic violence or abuse, Alabama courts have the authority to issue protective orders to limit contact between the parties. The specific statutes governing temporary orders in Alabama can be found in the Alabama Code, particularly within sections related to domestic relations and family law. An attorney can provide guidance on how to request temporary orders and what to expect during this phase of the divorce process.