Provisional Orders in Divorce, Emergency Relief, Temporary Orders, and What to Expect

Provisional orders are temporary court orders issued during divorce that establish immediate rules for child custody, support, asset protection, and living arrangements while your case is pending. They protect your interests and maintain stability during divorce proceedings—often lasting months or years—until the final divorce judgment replaces them. Your first move: understand which provisional orders you need and file a motion requesting them immediately after filing for divorce.

What Are Provisional Orders in a Divorce?

Provisional orders are any court orders issued during a pending divorce that are not final orders of all issues. Courts also call them temporary orders, preliminary orders, or interlocutory orders depending on your state.

Provisional orders maintain the status quo as close to possible during divorce proceedings. When divorce begins, life changes dramatically—someone moves out, children need arrangements, bills must be paid. Provisional orders create structure during this chaos.

Courts issue provisional orders to secure parties’ immediate needs or protect their interests while the case awaits final resolution. Divorces take months or years to complete. You can’t wait that long for custody schedules, financial support, or protection from asset dissipation.

Why Do Provisional Orders Matter?

Provisional orders protect you from limbo. Without them, you and your spouse must informally agree on everything—custody schedules, who pays bills, who lives in the house, access to money. When cooperation fails, you have no recourse.

Provisional orders provide ground rules during divorce proceedings and expire upon receiving your final divorce decree. They give both spouses clear expectations and legal protections during the interim period.

Provisional orders establish stability during the transitional period by addressing urgent matters before the final divorce decree is issued. Children need consistent routines. Bills need payment. Support needs funding. Life continues during divorce.

Provisional orders are binding. Violating them triggers court sanctions, contempt charges, and penalties. Your spouse can’t ignore provisional orders just because they’re temporary.

Types of Provisional Orders

Temporary Child Custody Orders

Courts issue temporary custody orders if there are allegations of abuse or neglect or risk that one parent may attempt to flee the jurisdiction with the child. These orders establish which parent has physical custody, visitation schedules, and decision-making authority until final custody determination.

Temporary Support Orders

If the primary wage earner has moved out, the judge may order support payments based on initial financial disclosures from both parties, including child support, spousal support, or household support such as groceries or utility payments.

Support orders ensure the dependent spouse and children maintain financial stability during divorce. Courts calculate temporary child support using state guidelines. Temporary spousal support follows state formulas or judicial discretion.

Temporary Use of Marital Home

If the couple cannot agree before the divorce on who should stay in the family home, judges will often issue an order giving temporary use and possession of the home to the custodial parent. This prevents displacement of children and provides housing stability.

Asset Protection Orders

Courts issue automatic restraining orders preventing both spouses from selling, transferring, hiding, or borrowing against marital property. These protect assets from dissipation during divorce.

Temporary Attorney Fee Orders

If the primary wage earner filed the divorce petition and began the process knowing the other party could not afford a court battle, the judge may issue a temporary order for divorce attorney fees and costs.

Status Quo Orders

Status quo orders prevent either parent from changing children’s normal schedules, interfering with parenting time of the other parent, or changing where children live. These maintain existing arrangements without deciding final custody.

Protective Orders

Emergency protective orders address domestic violence, harassment, or threats. Courts issue these quickly, sometimes without the other party present (ex parte), when immediate safety concerns exist.

What Do Provisional Orders Cover?

Child Custody and Visitation

Provisional orders establish temporary parenting schedules including which days and nights children spend with each parent, holiday and vacation division, transportation responsibilities, and communication methods between parents.

Courts consider the best interests of the child as the guiding principle, including each parent’s ability to provide a stable and loving environment, the child’s health and safety, any history of domestic violence, and the child’s existing routine and ties to their school and community.

Financial Support

Temporary child support covers children’s expenses during divorce. Courts calculate support using state guidelines and can make orders retroactive to the date the request was first filed.

Temporary spousal support (alimony) provides financial assistance to the dependent spouse during proceedings. Courts consider income disparity, standard of living during marriage, and each spouse’s financial needs.

Property and Debt Allocation

Provisional orders assign temporary responsibility for mortgage payments, vehicle use, credit card payments, and other marital obligations. Courts prevent either spouse from depleting bank accounts, selling assets, or incurring new debt.

Health Insurance

Orders require the spouse carrying health insurance to maintain coverage for children and sometimes for the other spouse during divorce proceedings.

Living Arrangements

Courts decide who stays in the marital home, who uses which vehicles, and how household expenses are divided temporarily.

Decision-Making Authority

Provisional orders address legal custody—who makes educational, medical, and religious decisions for children during the case.

How Are Provisional Orders Obtained?

Step 1: File Your Divorce Petition

You must first file for divorce. Provisional orders come after the initial filing, though some courts allow simultaneous filing.

Step 2: File a Motion for Provisional Orders

A motion for temporary orders is a formal request made to the court to address urgent matters while the divorce is ongoing, explaining what is being requested and why this request is being made.

Required documents:

• Motion or petition for temporary orders
• Declaration or affidavit explaining why you need the orders
• Financial declarations showing income and expenses
• Proposed provisional order detailing your requested terms
• Evidence supporting your requests (pay stubs, bills, custody schedules)

Step 3: Serve Your Spouse

After filing, you must formally serve your spouse with copies of your motion and supporting documents. You can hire a process server, get the sheriff’s department to serve the documents, or get anyone over 18 who is not involved in the case to deliver them.

Step 4: Attend the Provisional Hearing

When motions have been filed, the court will set a hearing date where a judge will typically ask questions of both parties and ultimately issue a ruling regarding the motion.

The hearing might not even take place in a courtroom; it might be held in the judge’s chambers instead, and the whole hearing will probably take about 20 minutes at most.

What happens at the hearing:

• Both parties present testimony
• Witnesses may testify
• Judges review written evidence and financial documents
• Courts ask questions to clarify circumstances
• Judges issue verbal rulings or take the matter under advisement

Emergency Ex Parte Orders

In an emergency, a judge can issue an order ex parte, which means it is granted based on one parent’s request without the other parent being present, but the court will immediately schedule a follow-up hearing to give the other parent an opportunity to respond.

Emergency orders address immediate dangers like domestic violence, child abduction risk, or asset dissipation.

Negotiated Provisional Agreements

Rather than relying solely on the court’s decision, spouses can work together to negotiate provisional agreements, and when these agreements are mutually reached and approved by the court, they offer greater flexibility and control.

Spouses outline their resolutions on major issues, submit their agreed entry to the court, and the court approves it as an order. Both parties must then follow it.

How Long Do Provisional Orders Last?

The judge’s temporary order stays in effect until your divorce is finalized. Provisional orders terminate when the final decree is entered or when the divorce petition is dismissed.

Divorces lasting 6-18 months mean provisional orders govern your life for that entire period. Complex cases taking years keep provisional orders in effect until trial concludes.

State-Specific Durations:

Some states set automatic expiration dates for provisional orders, requiring renewal or modification hearings. Others keep provisional orders in effect indefinitely until final judgment.

California provisional orders last until the final divorce decree or until modified by subsequent court order. Texas provisional orders remain effective throughout the case unless changed. Indiana provisional orders terminate when final decree is entered.

Can Provisional Orders Be Modified?

Yes. The party requesting modification of temporary orders must prove a relevant change in circumstances, and for temporary orders, the change does not need to be substantial—arguably even small changes suffice.

Common grounds for modification:

Income changes such as raises or job losses might be reason to file a motion to modify temporary financial orders; parents doing something dangerous like drug use or domestic violence warrant modification; court-set review hearings allow re-evaluation; or exhaustion of temporary attorney fees.

Other grounds include changed parenting schedules, relocation, new employment, significant medical expenses, or guardian ad litem reports recommending different arrangements.

Modification process:

File a motion requesting modification, explain the changed circumstances, provide supporting evidence, serve your spouse, and attend a hearing where the judge decides whether to modify the orders.

Timing considerations:

Courts hesitate to modify provisional orders when trial is imminent. Changing arrangements weeks before final judgment creates instability for children and wastes judicial resources.

Provisional Orders and Child Custody

Provisional custody orders aim to create stability and predictability for the child during a period of significant change for the family. Courts establish temporary parenting plans covering physical custody, legal custody, and detailed schedules.

Physical custody determines where children live:

• Weekly schedules specifying days and nights with each parent
• Holiday and vacation division
• Transportation arrangements and exchange locations
• Communication between parents about children

Legal custody addresses decision-making: Courts decide whether one or both parents hold authority over educational, healthcare, and religious decisions during divorce.

Impact on final custody:

While provisional custody orders are not permanent, they can significantly influence the permanent custody arrangement. Courts favor maintaining stability for children. Provisional arrangements that work well often become final orders.

Judges hesitate to disrupt successful temporary custody schedules. If children thrive under provisional arrangements, courts typically continue those arrangements in the final decree.

Provisional Orders and Support Payments

Child Support Calculations

Courts use state guidelines to calculate temporary child support based on each parent’s income, the custody schedule, and the child’s needs. Most states have online calculators determining support amounts.

Judges require financial disclosures from both parents including pay stubs, tax returns, and proof of expenses. Courts then apply state formulas calculating support obligations.

Spousal Support Determinations

Temporary spousal support (temporary maintenance or temporary alimony) provides financial assistance to the dependent spouse during divorce. Calculations vary by state—some use formulas, others grant judicial discretion.

Courts consider income disparity between spouses, length of marriage, standard of living during marriage, each spouse’s earning capacity, and financial needs during divorce proceedings.

Retroactive Support

In many states, temporary support orders can be made retroactive, meaning the financial obligation starts from the date the request was first filed, not the date the judge signs the order.

File your motion for temporary support immediately after filing for divorce. Delays cost you money since retroactive support only dates back to your filing date.

Enforcement

Violating support orders can result in wage garnishment, liens on property, and interception of tax refunds. Courts take support violations seriously. Failure to pay can trigger contempt proceedings, fines, and even jail time.

Provisional Orders and Asset Protection

Courts issue automatic financial restraints when divorce is filed. After divorce papers are served, automatic restrictions prevent both spouses from transferring any marital property or harming the value of any physical property without the consent of the other spouse or permission of the court.

Automatic restraining orders typically prohibit:

• Selling, transferring, or hiding marital property
• Taking loans against real estate or other assets
• Changing beneficiaries on life insurance or retirement accounts
• Canceling insurance coverage
• Incurring new debt except for necessities
• Closing or withdrawing from bank accounts

Spending limitations:

Although you are allowed to spend money for ordinary expenses needed for daily living and for attorney’s fees, you cannot do anything with property that will be divided up in the divorce.

Additional protective orders:

Courts can order specific asset freezes beyond automatic restraints. If one spouse is hiding money, transferring assets, or planning to dissipate marital property, judges issue targeted orders protecting those assets.

Penalties for violation:

Violating asset protection orders results in contempt citations, financial penalties, and adverse property division in the final decree. Courts can award the victimized spouse a larger share of remaining assets.

State-by-State Variations in Provisional Orders

Terminology differences:

• Indiana, Washington: “Provisional orders”
• New York, Nevada: “Pendente lite orders”
• California, Texas, Florida: “Temporary orders”
• Oregon: “Temporary orders” or “status quo orders”

All describe the same concept—court orders effective during pending divorce.

Procedural differences:

California requires mediation for child custody disputes before provisional order hearings. Illinois requires full financial disclosures before requesting temporary orders. Florida prioritizes children’s best interests using specific statutory guidelines.

What courts can order:

Indiana Code § 31-15-4 allows provisional orders for temporary maintenance, temporary child support and custody, possession of property, counseling, and protective orders.

California Family Code Sections 2045, 2047, and 2400-2406 govern provisional orders including support, custody, property use, and attorney fees.

Texas Family Code permits provisional orders on child custody, support, property possession, and spousal maintenance.

Filing procedures:

California parties file a Request for Order (RFO). Nevada parties file a Motion for Temporary Orders. Indiana parties petition for provisional hearings. Forms and procedures vary by jurisdiction.

What Happens If Someone Violates a Provisional Order?

If you fail to comply with provisional orders, the court could modify the orders in a way that is less favorable to you, such as reducing your parenting or custodial time.

Legal consequences:

Contempt of court: Judges can hold violators in contempt, imposing fines, ordering compliance, or in extreme cases, jail time.

Financial sanctions: Courts order the violating party to pay the other party’s attorney fees incurred in enforcement proceedings.

Modified orders: Judges modify provisional orders against the violator’s interests as punishment for non-compliance.

Credibility damage: Failing to adhere to court orders can harm your credibility and standing in the eyes of the court, and judges may view you less favorably, which could influence their decisions in the final divorce decree.

Support enforcement mechanisms:

The court can take various actions to ensure compliance with support orders: wage garnishment ordering your employer to withhold wages, liens on property that must be satisfied before you can sell or refinance, and interception of state or federal tax refunds to cover overdue payments.

Criminal consequences:

Repeated violations of protective orders or support orders can result in criminal charges. Child support arrears can trigger driver’s license suspension, professional license suspension, or federal prosecution.

Remedies for violations:

File a motion for contempt or enforcement. Provide evidence of the violation (missed payments, denied visitation, violated restraints). Request specific remedies: make-up visitation, payment of arrears with interest, sanctions, or order modification.

How Provisional Orders Affect Your Divorce Timeline

Provisional orders add hearings and procedures to your divorce but provide necessary structure during the process.

Timeline additions:

Filing motion for provisional orders adds 2-4 weeks. Provisional hearings typically occur 2-6 weeks after filing the motion. Emergency hearings can be scheduled within days.

Benefits despite delays:

Provisional orders prevent bigger problems. Without custody orders, parenting disputes escalate. Without support orders, financial crises develop. Without asset protection, marital property disappears.

Influence on settlement:

Provisional orders set expectations when parties negotiate final orders, such as at mediation, and can impact a judge’s expectations at trial. Spouses who succeed with favorable provisional orders gain leverage in settlement negotiations.

Temporary arrangements that work well often become permanent. If provisional custody schedules benefit children and parents adapt successfully, both parties may agree to make them permanent.

Strategic considerations:

Request provisional orders early. Courts favor stability. Establishing favorable provisional arrangements early gives you the status quo advantage at trial.

Document everything. Keep records of compliance, communications, and how provisional arrangements affect you and your children. This evidence supports your requests for final orders.

Frequently Asked Questions

Are provisional orders legally binding?

Yes. Provisional orders are court orders with full legal force. Both parties must comply. Violations trigger contempt proceedings and penalties.

Can I get provisional orders without a lawyer?

Yes, but challenging. Courts provide forms and self-help resources. However, provisional order hearings require legal knowledge, evidence presentation skills, and understanding of state guidelines. Many people benefit from attorney representation.

How much do provisional orders cost?

Most courts don’t charge additional filing fees for provisional order motions if you’ve already paid the initial divorce filing fee. However, attorney fees for preparing motions and attending hearings typically range $1,000-$3,000.

Do provisional orders become permanent?

Not automatically. Provisional orders terminate when final decree is entered. However, successful provisional arrangements often become the basis for final orders since courts favor maintaining stability.

How quickly can I get provisional orders?

Emergency orders within days. Standard provisional order hearings occur 2-6 weeks after filing. Timeline depends on court calendars and case urgency.

Can my spouse block provisional orders?

Your spouse can oppose your motion and present counter-arguments at the hearing. However, judges decide based on evidence and necessity. Spouses can’t simply refuse provisional orders.

What if circumstances change after provisional orders?

File a motion to modify explaining the changed circumstances. Courts modify provisional orders more easily than final orders since the standard is lower—any relevant change in circumstances rather than substantial change.

Provisional orders protect your immediate interests during divorce. Request them early, provide thorough documentation, and comply fully with all terms. Violations harm your credibility and weaken your position for final orders.

Consult a family law attorney in your jurisdiction to determine which provisional orders you need and how to obtain them effectively. Most offer consultations to assess your situation and advise on strategy.

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah