In contested divorce cases, temporary orders can play a critical role in creating stability while the case is pending. Divorce cases can take months, or longer, to fully resolve. During that time, important issues must still be addressed, including where the children will live, how bills will be paid, who will remain in the marital home, and whether support should be paid.

What Is a Temporary Order?

A temporary order is an interim order issued by the Probate and Family Court during a divorce or other family law matter. These orders are not permanent. They generally remain in effect while the case is pending, unless modified by the court or replaced by a final judgment.

Temporary orders define each party's rights and responsibilities during the divorce process. They can reduce uncertainty, prevent conflict, and ensure that children's needs and financial obligations are addressed while the parties work toward a final resolution.

Common Types of Temporary Orders

Temporary orders may address a wide range of issues, depending on the needs of the family and the circumstances of the case. Common temporary orders in Massachusetts divorce and family law cases include:

• Custody – A temporary custody order may determine where the children will live while the case is pending and whether one or both parents will have legal custody for major decisions involving education, medical care, religion, and general welfare.

• Parenting Time – A temporary parenting time order may establish a schedule for when the children will spend time with each parent, including weekdays, weekends, holidays, vacations, transportation, and parent-child communication.

• Child Support – A temporary child support order may require one parent to pay support to the other while the case is pending. Child support is generally calculated under the Massachusetts Child Support Guidelines and may consider income, parenting time, health insurance, childcare costs, and other relevant expenses.

• Alimony or Spousal Support – A temporary alimony order may require one spouse to provide financial support to the other during the divorce when one spouse has a financial need and the other has the ability to pay.

• Use and Occupancy of the Marital Home – A temporary order may grant one spouse the right to remain in the marital home while the divorce is pending, particularly where continued cohabitation is not practical or stability is needed for the children.

• Payment of Household Expenses – The court may order one or both parties to pay household expenses, such as the mortgage, rent, utilities, insurance, taxes, car payments, or other recurring bills while the case is pending.

• Health Insurance and Medical Expenses – Temporary orders may require a party to maintain health, dental, or vision insurance for a spouse or children and may allocate responsibility for uninsured medical, dental, orthodontic, therapy, or prescription expenses.

• Childcare and Extracurricular Expenses – The court may allocate responsibility for childcare, school costs, extracurricular activities, summer camps, tutoring, sports, and other child-related expenses.

• Use of Vehicles and Personal Property – A temporary order may determine which party has use of vehicles, furniture, personal property, bank accounts, or other marital assets during the case.

• Payment of Debts – Temporary orders may assign responsibility for payment of credit cards, loans, lines of credit, or other marital debts while the divorce is pending.

• Tax Issues – Temporary orders may address filing joint or separate tax returns, allocation of tax refunds or liabilities, and which parent may claim children as dependents.

• Attorney's Fees or Expert Fees – In some cases, the court may order one party to contribute to the other party's attorney's fees or expert costs, particularly where there is a significant difference in access to financial resources.

The Process for Obtaining Temporary Orders

To request temporary orders, a party typically files a motion with the Probate and Family Court. The motion identifies the specific relief requested and explains why the orders are necessary.

The court may schedule a hearing where both parties have an opportunity to present their positions. Depending on the circumstances, the court may consider financial statements, affidavits, proposed parenting schedules, child support guideline worksheets, and other relevant documents.

After hearing from the parties, the judge may enter temporary orders addressing some or all of the issues raised. These orders usually remain in effect until further order of the court or until a final divorce judgment enters.

Why Temporary Orders Matter

Temporary orders can significantly affect a divorce case. They provide structure during a time of uncertainty and help ensure that important issues are addressed while the case moves forward.

Temporary orders may also influence the practical direction of the case. For example, a temporary parenting schedule may remain in place for many months before trial or settlement. Temporary support orders may also affect each party's financial planning and settlement negotiations.

Because temporary orders can shape the course of a divorce, requests for temporary relief should be carefully prepared and supported by the facts.

Temporary Orders Are Not Final Orders

Although temporary orders are important, they are not the final decision in the case. A final judgment may include different terms after additional evidence is gathered, negotiations occur, or the matter proceeds to trial.

Even so, temporary orders should be taken seriously. They can affect parenting arrangements, financial obligations, use of property, and the overall posture of the case while the divorce is pending.

Contact Lambert Legal About Temporary Orders in Massachusetts

Temporary orders can provide essential stability during a contested divorce. Whether the issue involves custody, parenting time, child support, alimony, use of the marital home, or payment of expenses, the court can enter orders designed to address immediate needs while the case is pending.

At Lambert Legal, Attorney Lambert represents clients in Massachusetts divorce and family law matters, including motions for temporary orders and contested hearings.

Contact Lambert Legal today at 781-754-6822 to schedule a Free Consultation.