Temporary Orders in a Divorce Case

In Michigan, a divorce without children can take a minimum of 60 days. A divorce with children can take a minimum of six months unless a waiver is granted. Contested divorces or those with complex issues can exceed those minimum timelines significantly. However, some families require intervention as to one or multiple issues before a divorce is final and a Judgment of Divorce enters. A temporary order can resolve those issues before the case is complete.

What Issues Can Be Addressed by a Temporary Order?

Issues that may need more immediate intervention before a final order can enter include:

• Child support
• Child custody
• Restraining orders preventing one or both parties from affecting the marital estate and therefore the other party’s rights to the estate
• Spousal support
• Access to specific property
• Access to funds for basic expenses or attorney fees
• Payment of expenses by a party

How Can I Obtain a Temporary Order?

Temporary orders can be entered upon agreement of the parties or after a hearing where the court enters an opinion and order. If you require temporary arrangements during a pending divorce, it is beneficial to discuss the issues with the other party and/or their attorney. Reaching an agreement as to temporary orders is often the quickest, most efficient, and most cost-effective way to have such matters resolved. Informal communication between parties and/or attorneys or a formal mediation session can assist in resolving temporary disputes. The local Friend of the Court office can also assist parties in resolving some disputes.

If the parties cannot agree on a resolution, they may submit the issues to the court. Unless there is an emergency that warrants the use of an ex parte order, a request for the court to enter temporary orders on any issue will involve a hearing.

If you become aware of the need for a temporary order before filing a complaint for divorce, you can file the motion for entry of a temporary order with the complaint. If the need for a temporary order arises after a divorce is already filed, either party can file an independent motion at any time before a final judgment enters.

How Long Does a Temporary Order Remain in Effect?

Unless otherwise specified, a temporary order remains in effect until a final judgment at the conclusion of a divorce or, in some circumstances, until a subsequent temporary or ex parte order is entered. The parties can agree to modify a temporary order as well.

The procedure for obtaining temporary orders can vary by county. At McKinney Vos, our attorneys can determine what issues should be submitted as a request for temporary orders and how to best present those issues to a mediator or the court. Contact us for a free consultation to discuss your case.