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What are Temporary Orders in a Divorce?

temporary orders divorce

Temporary orders govern everything while a divorce is pending.  They can order you to pay child support to someone else and also govern parenting time, alimony, where the kids go to school, and practically anything else.

They are typically decided early on in a divorce by a probate and family court judge.  Each party has the right to be heard on temporary orders, but the judge’s decision can have a lasting effect.

If a divorce is filed against you, it’s critical to hire a family attorney as soon as possible.  Temporary orders often serve as a template for the final orders in a divorce, so it’s critical to fight for the best possible resolution at this early stage.

What are Temporary Orders?

Temporary orders govern how the parties interact while the divorce is pending.  This means parenting time, child support, alimony, and even custody.  The judge will typically decide who the children will live with, how much parenting time the other parent will have and everything else.

Once a judge makes this initial determination, it has inertia in the rest of the divorce.  It governs how you interact with your spouse and your children throughout the divorce, and it can be difficult to overrule it later on.

It’s important to hire a lawyer to fight for the best possible temporary orders as soon as you can.  Otherwise, you could be put at a disadvantage in the rest of your divorce.

What Does the Judge Consider in Setting Temporary Orders?

A probate judge will typically decide temporary orders early on in a divorce proceeding.  They will typically consider the parties’ filings, including financial statements, and any arguments from your attorney.

Most importantly, it has become a common tactic to levy false accusations of abuse to gain an early advantage in a divorce.  If the judge believes you have committed domestic violence, you could be prevented from seeing your children.  You could also lose custody and be at a severe disadvantage in your family law matter.


If someone has filed a divorce against you, it’s important to hire a family law attorney as soon as possible.  Otherwise, you could be facing losing access to your children and paying more than you should in financial support.  Call or text me today at 617-295-7500, and let’s get started on fighting for your family.


Although I am an attorney, I am not your attorney.  Please do not rely on anything on this page as legal advice because any specific advice would depend on your situation.  Any results posted on this page are not guarantees of outcomes in your case.

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The court system is stressful, whether you’re being charged with a crime, being sued, suing someone, or fighting for your ability to stay and work in this country. You need someone who appreciates this and can dedicate the time not only to represent you effectively in court but to guide you through the process.

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