Not all family law matters require temporary orders. In fact, most do not. However, if the parties cannot agree on important decisions or cannot cooperate to accomplish tasks that must be accomplished while the case is pending, then temporary orders may be necessary.
This can be accomplished by filing a Petition for Temporary Orders pursuant to A.R.S. § 25-315. Temporary orders may also be utilized to secure exclusive use and control of the marital residence pursuant to A.R.S. § 25-315 (C). Some of the other justifications for seeking temporary orders include an inability to reach agreements with your spouse regarding how the two of you will handle such issues as child custody, parenting time, child support, spousal maintenance, attorney’s fees, payment of community obligations, and access to community resources while the divorce case is pending.
However, the decision to seek temporary orders should be carefully considered, as temporary orders will significantly increase the overall cost of a divorce.
If, after careful consideration, temporary orders appear necessary and justifiable in your matter, I have the knowledge, experience, and expertise to assist you in securing any necessary temporary orders, as I have done repeatedly over the years for countless clients involving such issues as exclusive use of a marital residence, child custody, parenting time, child support, spousal maintenance, and attorney’s fees.
If, for any number of reasons, you are handling your divorce case without the assistance of an attorney (which I cannot over-emphasize, is not likely to result in as favorable of an outcome), the Maricopa County Superior Court self help website has temporary orders forms and instructions available for free (see link below).
Dustin T. Dudley, Esq.