When a divorce case is filed in Indiana, it can take months or even longer before the case is fully resolved. During that time, critical questions remain open: Who lives in the marital home? Who pays the mortgage? Who has the children and when? Temporary orders are court orders issued during the pendency of the divorce that establish rules and obligations while the case moves toward resolution. They are sometimes called provisional orders.
Indiana Code IC 31-15-4 authorizes courts to enter temporary orders in dissolution of marriage proceedings. These orders remain in effect until they are modified, superseded by a final decree, or dismissed by the court.
What Temporary Orders Can Cover
A temporary order can address virtually every significant issue that arises during a pending divorce. Common subjects include:
| Issue | What a Temporary Order Can Establish |
|---|---|
| Child custody | Which parent has physical and legal custody during the case |
| Parenting time | The schedule for the non-custodial parent to spend time with the children |
| Child support | An interim support amount calculated under Indiana Child Support Guidelines |
| Spousal maintenance | Temporary financial support from one spouse to the other |
| Use of the marital home | Which spouse remains in the residence during the case |
| Payment of debts and expenses | Who is responsible for mortgage, utilities, car payments, and other ongoing obligations |
| Restraining provisions | Prohibitions on dissipating marital assets or removing funds from accounts |
How to Request Temporary Orders in Indiana
Either spouse can file a motion for provisional orders at any point after the divorce petition is filed. The process generally follows these steps:
- File a verified motion for provisional orders with the court where the divorce was filed
- Serve the motion on the other spouse according to Indiana Rules of Trial Procedure
- Wait for the court to schedule a hearing (some courts also allow agreed provisional orders without a hearing)
- Attend the provisional order hearing and present evidence and argument
- Receive the court's temporary order, which takes effect immediately upon entry
In urgent situations, a party may seek an emergency or ex parte order without prior notice to the other spouse. Courts grant these sparingly and only when there is an immediate threat of harm or irreparable harm to property or the children.
How Temporary Custody Is Decided
When children are involved, the court applies Indiana's best interests standard even at the temporary order stage. Judges consider factors including each parent's relationship with the children, the stability each home can offer, the children's existing routines and school arrangements, and any history of domestic violence or substance abuse. A child custody evaluation may be ordered in contested cases.
It is important to understand that while temporary orders do not legally determine the final outcome of your case, the arrangements established in a temporary order often influence the final decree. Courts tend to preserve stability for children, so a parenting arrangement that works under a temporary order may become the permanent plan.
Temporary Support in Indiana Divorce
Indiana courts can order temporary child support and temporary spousal maintenance (also called provisional maintenance). Temporary child support is calculated using the Indiana Child Support Guidelines, which are based on both parents' incomes, the parenting time schedule, and the children's needs. Temporary spousal maintenance is less common and is awarded when one spouse lacks sufficient income or assets to meet basic needs during the case.
Can Temporary Orders Be Modified?
Yes. Temporary orders can be modified during the pending divorce if circumstances change substantially. A party seeking modification must file a motion with the court and demonstrate that the change in circumstances warrants a different arrangement. Courts will not modify temporary orders simply because one party is dissatisfied with the result.
When Temporary Orders End
Temporary orders expire when the divorce is finalized. The final decree of dissolution either adopts the arrangements in the temporary orders, modifies them, or replaces them entirely with new terms negotiated by the parties or ordered by the court after trial. Any temporary financial obligations (such as child support or maintenance) that are not addressed in the final decree may result in disputes about arrears or unpaid amounts.
Frequently Asked Questions
Do we have to go to court to get a temporary order?
Not necessarily. If both spouses agree on temporary arrangements, their attorneys can often draft an agreed provisional order that the court approves without a contested hearing. Agreed orders tend to be faster and less expensive than a disputed hearing. However, if the parties cannot agree, a hearing before a judge is required.
Can a temporary custody order be used against me in the final divorce?
A temporary order does not legally bind the court in making its final custody determination. The court must make a fresh best-interests finding at the final stage. However, as a practical matter, arrangements that have been working well under a temporary order are often continued in the final decree because stability for children is a priority. This is why the temporary order stage should be taken seriously.
What happens if my spouse violates a temporary order?
Violation of a court order, including a temporary order, can be addressed through a motion for rule to show cause (contempt). If the court finds a willful violation, it can impose sanctions including fines, attorney fee awards, and in serious cases, incarceration. Documenting violations carefully and promptly is essential.
How long does it take to get a temporary order in Indiana?
Timelines vary by county and the complexity of the issues involved. In some counties, a temporary order hearing can be scheduled within two to four weeks of filing the motion. Courts also routinely accommodate urgent situations more quickly when there is an immediate need related to children or marital property.
If you are going through a divorce and need help securing temporary orders, the attorneys at Ciyou & Associates, P.C. can walk you through the process and represent you at hearings. Call (317) 342-4275 to get started.
