In Arizona, Temporary Orders allow a party to obtain court orders before a trial is held. It may take months before a trial is set in a divorce case, or in a proceeding to establish legal decision-making, parenting time and child support. Our lawyers handle these cases in Mesa, Phoenix, Gilbert, and Chandler, Arizona.
Temporary Orders are issued pursuant to Rule 47 of the Arizona Rules of Family Law Procedure. If the parties cannot agree on issues including exclusive use of the residence, legal decision-making, parenting time, child support, spousal maintenance, relocation, or division of assets and debts, the court will issue orders which are enforceable by the police. The court has 30 days to set a Resolution Management Conference and another 30 to set an evidentiary hearing.
Emergency orders, formally known as Temporary Orders Without Notice, are issued pursuant to Rule 48 of the Arizona Rules of Family Law Procedure. These orders can sometimes be obtained within a few hours or days. The court can issue orders without notice to the other party if
- irreparable injury will result to the party or child, or to property, and
- efforts have been to give notice, or there are reasons notice should not be given
ORDERS OF PROTECTION
Orders of Protection can be entered in domestic violence cases pursuant to A.R.S. 13-3602 if the court finds that there is reasonable cause to believe a person
- may commit an act of domestic violence
- has committed an act of domestic violence with the past year
- has committed an act more than a year earlier if good cause exists to consider the act
Orders of protection can be obtained within a few hours at Superior Court, City Court, or Justice of the Peace courts during business hours.
EXCLUSIVE USE OF THE RESIDENCE
It is often difficult for two people in a divorce to live in the same house while the divorce is pending. The court can grant one party exclusive use of the residence while the divorce is pending. After a divorce decree is entered, it will either award the house to a party, or direct the parties to sell the house.
The court can order that one party may temporarily make decisions for children about schools, medical decisions, and religious decisions.
The court can enter temporary orders regarding a parenting time schedule, to include equal time, weekends, and/or holiday parenting time.
A party who is the primary residential parent, or who has the lower income if there is equal parenting time, can receive court-ordered child support while a divorce is pending. There is always a duty of support for minor children, but having a court order sets a specific amount, and allows enforcement.
The court can order spousal maintenance on a temporary basis if one party is unable to support himself or herself.
The Preliminary Injunction usually prevents either party from relocating the children once a petition for dissolution of marriage has been filed. The court can enter an order allowing a party to relocate out of state, even before a divorce is final. After court orders have been entered regarding legal decision-making or parenting time, sixty days notice is sometimes required before relocating pursuant to A.R.S. 25-408.
DIVISION OF ASSETS AND DEBTS
The court can temporarily order one party to pay the bills and marital debts, or divide the payments, or can award spousal maintenance to accomplish the same result. Liquid assets, such as checking or savings accounts, can also be divided by court order.
This information is for Arizona only. This post is not legal advice. If you need legal advice, contact an attorney.