Temporary Orders in Arizona Divorce
Divorce proceedings in Arizona can take months. That’s a long time since I have lived in limbo. Temporary divorce exists to give both spouses a clear set of rules during that in-between period. Learn more about how temporary orders offer structure, prevent disputes, and protect finances until a final judgment is made.
What Are Temporary Orders During a Divorce in Arizona?
Temporary orders are court decisions that handle immediate issues during the divorce process. They are not final rules but remain enforceable for now. In Arizona divorce cases, temporary orders may cover the following:
- Spousal support: One spouse may receive temporary financial assistance to cover living expenses. For instance, if one spouse moves out and refuses to contribute to rent, the court can assign that obligation.
- Legal decision-making authority: The court may grant joint authority to both parents or sole authority to one parent for important decisions about their child’s education, healthcare, and well-being.
- Parenting time orders: This involves setting a schedule for when children spend time with each parent.
- Child support: Temporary payment amounts are set based on Arizona’s child support guidelines to ensure children’s needs are met.
- Use of property: This determines who lives in the marital home, who drives certain vehicles, and who uses shared possessions.
- Debt payment responsibility: The court assigns specific bills to each spouse while the divorce is pending.
How to File for Temporary Orders
You begin the process by filing a motion for temporary orders with the Arizona family court handling your divorce. This document explains exactly what you are requesting and why. After the motion is filed, the court will set a hearing date.
At the hearing, each side presents evidence to support their requests. This may include pay stubs, bank statements, school records, or testimony from witnesses. If a matter is urgent, such as a safety concern involving a child, a request for emergency temporary orders can be made. These are often issued quickly and remain in place until a full hearing can be scheduled.
When do temporary orders go into effect? They are active once the judge signs them, which often happens immediately after the hearing. And how long do temporary orders last? They remain in place until the court issues a final divorce decree or modifies the orders.
How an Arizona Family Law Attorney Can Help
Handling temporary orders without legal guidance is risky. A family law attorney understands how to present your case so that the court sees both the facts and the urgency behind the request. Here’s what an attorney can do:
- Prepare persuasive documentation to support your position.
- Question the other party’s evidence to reveal weaknesses.
- Recommend realistic parenting schedules that benefit the children.
- Argue for fair spousal support amounts based on Arizona law.
Why Choose Hector A. Montoya’s Law Office?
Hector A. Montoya has over 30 years of family law experience. When you work with our law office, you’ll communicate directly with your attorney and receive compassionate support from our knowledgeable staff. We’ll keep you informed, prioritize your emotional well-being, and provide clear, practical guidance all along the way. To connect with our family law attorney in Tucson and Pima County, please fill out our contact form today.