What is a Temporary Order During a Divorce in Oklahoma

In Oklahoma, a temporary order in a divorce or paternity case is a court order that addresses immediate issues while the divorce is pending. It’s put in place to provide stability and structure for the couple and any children involved until a final divorce decree is issued. Its put in place shortly after the divorce is filed. The order requires an agreement from the party’s or a temporary order hearing.  

Some Issues Decided in a Temporary Order:

• Child Custody and Visitation: Determining where the children will live, who will make major decisions for them, and how much time they’ll spend with each parent. This is one of the most important steps takes towards a final order for custody and visitation.  
• Child Support: Establishing a temporary amount of child support to be paid by one parent to the other. This requires a close look at the income and the time the child spends with each parent.  
• Spousal Support (Alimony): Determining whether one spouse should pay temporary support to the other and, if so, how much. This is an equitable decision the court makes after a deep review of the finances of both party’s to the marriage.  
• Payment of Debts: Assigning responsibility for paying certain bills that can’t wait until the final divorce order, like mortgages, utilities, and car payments.  
• Possession of Marital Property: Deciding who gets to use the family home, cars, and other significant assets while the divorce is ongoing.  
• Restraining Orders: In cases involving domestic violence or threats, the court may issue temporary restraining orders. They are issued to protect one spouse from the other. Restraining and protective orders do not include the children of the marriage. Any issues related to protecting the children must be addressed in an emergency custody hearing.

Is A Temporary Order Truly Temporary?

A temporary order remains in effect until a final divorce decree is issued by the court. This can be a few months or even a few years. How long depends on the complexity of the divorce case. Its important to understand that most family court judges in Oklahoma will not modify a temporary order. Rather, once the order is entered you can only modify it by having a trial regarding all the issues.  

Things To Remember About Temporary Orders:

• Temporary orders are not final. They can be modified later if circumstances change or new information becomes available.  
• Either spouse can request a temporary order. To do so, they must file an application with the court and provide notice to the other spouse.  
• A hearing is usually required. The judge will consider evidence and arguments from both sides before issuing a temporary order.
• Temporary orders are legally binding. Violating a temporary order can have serious consequences. One consequence is a contempt citation filed against the person who violates the order of the court.

Get A Free Consultation With a Tulsa Divorce Attorney

If you’re facing a divorce in Oklahoma, it’s crucial to consult with an experienced family law attorney. The Oklahoma family law attorneys at Kania Law Office get what you’re going through and know how to get you the results you require. Divorce and child custody involve a nuanced approach that requires experience. Call us at 918.743.2233 or click this link to ask a free online legal question.