When emotions run high and cooperation seems impossible, you need immediate answers about how your family will function during your divorce. Temporary orders can help provide the stability that you need. This blog explains their purpose and how they may affect the outcome of the proceedings.
Why temporary orders matter
Courts issue temporary orders to establish rules for your family during the divorce process. In Indiana, these are called provisional or preliminary orders, and they remain in effect until modified by further order, either by agreement or through contested proceedings. Temporary orders address immediate concerns that cannot wait months for mediation or a final hearing.
High conflict divorces often involve poor communication and numerous disputes. As such, if you cannot reach agreement with your spouse, provisional hearings let a judge step in and set clear expectations and more importantly, enforceable orders. Without temporary orders in place, by agreement (that MUST approved by the Court) or order following a contested hearing you do not have anything that is enforceable or frankly meaningful. If you cannot reach agreement on provisional temporary orders, you and your spouse can present your positions before a judge makes temporary rulings.
How these orders protect your children
Child-related disputes often cause the most tension in high conflict divorces. Under Indiana law, a judge can issue temporary child-custody orders which cover:
- Which parent has primary physical custody and where the children will live
- Parenting time schedules that show when each parent will spend time with the children
- Who makes decisions about the children’s education, healthcare and religious matters
- How parents should communicate about child-related issues
The court also sets your support obligations through these temporary orders. Using the Indiana Child Support Guidelines, the court calculates payment amounts based on both parents’ incomes, parenting time credits and the number of children, legally establishing the financial support obligations for the duration of the divorce.
What orders can do to help maintain stability
Indiana courts can issue temporary restraining orders that prevent either party from:
- Transferring, selling, hiding or otherwise disposing of marital assets
- Taking on new debt (except for basic necessities) without the other party’s written consent or court permission
- Canceling insurance policies or removing a spouse from coverage
- Changing or terminating mobile phone plans, bank accounts, line of credit, beneficiary designations
- Refusing to pay marital bills and expenses
- Making large purchases outside the normal course of business
If you rely on your spouse for financial support, the court can order temporary maintenance payments. This establishes a legal requirement to help meet basic needs while the divorce is pending.
How provisional orders shape your final divorce decree
These orders often influence the final outcome of your divorce more than you might expect. While legally these orders are temporary, they establish a “status quo” for your family that judges often look to when considering stability for the final ruling.
They also provide an opportunity to test arrangements before they become permanent. You can see what parenting schedules actually work for your family’s needs and identify potential issues that require adjustment.
This practical experience informs better decisions when negotiating or litigating the final decree. During this period, your attorney acts as a strategic buffer, helping you understand the terms of the order and anticipating what the next steps of the divorce will be.