A contested divorce case in Arizona can take over a year to complete. While the case is pending, one spouse often needs financial support from the other. Waiting until the divorce is final to get spousal maintenance or child support may be simply impossible.
Likewise, in cases involving children, waiting up to a year or more to secure a final divorce decree and parenting plan establishing decision-making and parenting time may leave one parent feeling that he or she has been cut out of the children’s lives entirely.
Under Arizona Revised Statutes, Sections 25-315 and 25-404, Arizona courts have authority to enter temporary orders establishing child legal decision-making and parenting time and awarding financial support while a divorce case is pending. These temporary orders remain in force until they are modified by the court or until they terminate due to a final divorce decree being entered or due to the dismissal of the case.
In addition to establishing temporary legal decision-making, parenting time and support orders, a court may use temporary orders to award one spouse temporary exclusive use of a marital home. A court may award temporary exclusive possession of vehicles and other items of personal property, and a court may even order which spouse is to make the mortgage and other debt payments while the case is pending.
When a couple has checking, savings or other cash accounts, either party may file a motion under A.R.S. Section 25-315.B. asking the court to award “equal possession of the liquid assets.” When such a motion is filed, the statute requires that “
Keep in mind that temporary orders are just that—a temporary resolution. They do not create a final resolution of any issue. When a case doesn’t settle, a judge must still hold a court trial to hear evidence and make a final disposition of these issues. Temporary orders are without prejudice, meaning that neither the parties nor the court are bound by those orders at trial. Each spouse may argue for a different result at trial, and the judge is authorized to make any final orders she deems appropriate based on the evidence presented at the divorce trial.
Divorce litigation can be very expensive, and establishing temporary orders is no exception. A temporary orders evidentiary hearing is like a mini court trial. The same basic procedure and rules apply at a temporary orders hearing as at a final trial. Significant preparation is required. Testimony is allowed, witnesses are called, and exhibits are presented.
How quickly a judge can set a hearing on a motion for temporary orders depends on the time needed for the hearing and on the judge’s calendar and availability. When a final trial date can be scheduled only two or three months after a temporary orders hearing date, it may not make sense financially to spend attorney’s fees to pursue temporary orders. For example, if the final trial date can be scheduled in the month of April, it doesn’t make sense to spend $3,000.00 on attorney’s fees in the month of February to obtain support of $1,000.00 per month for the two months until trial.
It is always preferable for spouses to agree on temporary child legal decision-making, parenting time, support and other matters. When agreements cannot be reached, however, a motion for temporary orders may be necessary. An experienced family law attorney can advise his client as to whether filing for temporary orders is in the client’s best interests.
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