What are Temporary Orders in Maryland Divorce Cases?

Although some marriages can be ended amicably and swiftly between the parties, other divorce cases take months, or even years, to resolve. During the time a divorce case is pending in court, a lower-earning spouse might be at a financial disadvantage, or a parent may need a formal custody arrangement in writing for the stability of children. In such instances, temporary orders can be established to address these time-sensitive issues while you continue to work towards settlement.

Key Takeaways

• Temporary orders, sometimes known as pendente lite orders, are court orders issued before a final judgment is rendered. These orders help to maintain financial status quo, address immediate family needs, and ensure stability for children.
• Temporary orders in Maryland divorce can address critical issues such as temporary spousal support, pendente lite child support, child custody, use and possession of a family home, and domestic violence.
• Once a temporary order has been established, it is binding upon both parties until permanent orders are entered.

What is a Temporary Order in Divorce?

Sometimes referred to as a pendente lite order, a temporary order in a Maryland divorce is a court order that is issued before a final decree is entered. These temporary orders are meant to maintain status quo and address the immediate needs of a party while the case is ongoing. When the divorce case has been finalized, and temporary orders are replaced by those in the final judgment.

Types of Temporary Orders in Maryland Divorce

There are several types of temporary orders that can be useful to families in a Maryland divorce. For instance, parties may need to address financial support or child custody and access. There may be questions concerning the use of shared vehicles or which spouse gets to remain in the house. Temporary orders can address these issues and many others.

Some common temporary orders in Maryland divorce include the following:

• Temporary child support: Often referred to as pendente lite child support, temporary child support provides immediate financial assistance for children while a divorce case is pending. Temporary child support will ensure that a child’s basic needs are met before the final decree is issued. As with permanent child support, temporary child support is based upon parental income, the number of children, and overnight access.
• Use and possession: A temporary use and possession order grants one spouse the exclusive rights to live in a family home and use assets (such as vehicles) during divorce proceedings. Temporary use and possession orders are typically put in place to ensure stability for children and are generally used when parents are unable to continue to live together while litigation is pending.
• Pendente lite alimony: Pendente lite alimony, also referred to as temporary spousal support, can be ordered to maintain financial status quo for an economically dependent spouse. It helps ensure that a spouse that earns less is able to pay bills and cover essential expenses when a divorce is pending.
• Temporary child custody: A parent can file to establish temporary or pendente lite child custody when a divorce case is first filed. Temporary custody orders can address legal and physical care for a child, and define parenting time while divorce proceedings are ongoing. If parents cannot reach agreement on temporary custody, the Court will render a decision based on the “best interests of the child.”

Other temporary orders may address debt management and financial restraints. A court may also specifically order a higher-earning spouse to pay “suit money” to the lower-earning spouse so he or she can afford to hire or compensate an attorney.

Temporary protective orders can also be issued in cases where domestic violence has occurred to provide immediate relief during the initial stages of a divorce. Importantly, you do not have to wait until your divorce case has concluded to obtain a protective order. After a temporary order has been obtained and served on the respondent, the court will schedule a final protective order hearing within seven days. Both parties will be given the opportunity to present evidence and testimony. If a judge determines a permanent protective order is necessary, it may remain in effect for up to two years in certain situations.

How Do You Obtain a Temporary Order?

Temporary protective orders under the domestic violence statute should not be confused with an automatic restraining orders that prevent a spouse from disposing of financial assets. To obtain any temporary order in Maryland, you must file paperwork with the court to request the specific relief you seek. A request for temporary relief can be filed when you first file for divorce or while the case is ongoing. Your spouse must be served a copy of the motion you filed to request temporary relief to ensure that he or she is informed of your request. The court will then schedule a hearing on your request where a judge will evaluate the testimony and all relevant evidence to render a determination.

Once a temporary order has gone into effect, it is binding on both parties. If either party violates the temporary order, then he or she can be held in contempt of court and face various penalties. A judge may also order a person that violates a court order to pay attorney fees incurred by the person that seeks to enforce the court’s order.

Contact an Experienced Maryland Divorce Attorney

If you are facing divorce, it’s important to understand the types of temporary orders that may be available to you. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce and family law attorneys are dedicated to providing reliable representation for divorce and a wide range of family law matters. We will work diligently to ensure the necessary orders are in place as court proceedings are ongoing. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (301) 658-7354 or contact us online.