Temporary Orders During Your Oregon Divorce Case
Are you and your spouse fighting about who gets to live in your house during the divorce? Is your spouse refusing to help you pay your shared bills? Or maybe you can't agree on a temporary visitation schedule for your kids?
If you're struggling with these issues during your divorce, a temporary court order may be a solution.
What are temporary orders?
A temporary order is a legal document from a court that creates rules for spouses to follow during their divorce. But these orders don't last forever. They usually end when you finalize your divorce.
Every temporary order is different. You can get custom orders to fit your needs and situation. Temporary orders can resolve issues that come up during a divorce like:
- Who stays in the family home?
- Who gets temporary custody of the children?
- How much child support or spousal support one person must pay the other during the divorce?
- Who gets to use the family car?
Temporary orders can provide stability, financial security, and safety until you finish your divorce.
Why might I need a temporary order?
Not everyone needs a temporary order. But here are a few reasons you might want to ask for one:
- A plan for your children: During your divorce, a temporary order can settle disagreements about where your children will live, visitation schedules, and child support payments.
- Financial support: If you relied on your spouse for financial support, you can ask for temporary spousal support, child support, or payment of a lump sum to help you get through the divorce.
- Money for an attorney: If your spouse has all the money (and a lawyer), you can ask for a temporary order that makes them pay you some money. That way, you can hire a lawyer too.
- Protect assets: Temporary orders also help protect your marital assets. They prevent your spouse from spending all your savings or selling property without your permission.
- Safety: If your spouse is abusive to you or your kids, a temporary order can help you stay safe. A temporary order can require your spouse to move out of your house and stay away from you. It can also require your spouse to have supervised visits if they're not a safe parent.
How do I get a temporary order?
Unfortunately, there isn't a simple, straightforward answer. The process depends on the type of order you're trying to get and the Oregon county handling your divorce.
Since the process varies from county to county and there aren't always standardized forms available, the best thing to do is contact your local court facilitator for help. They can help you understand your county's process for getting temporary orders and help you find the forms you need.
Do I need an attorney to get a temporary order?
Maybe. Some kinds of temporary orders, like "status quo orders" or "restraining orders," you can get on your own (with a bit of help from court staff).
But other kinds of temporary orders, like those involving financial support, property, or custody of your kids, are trickier. The process varies from county to county, and often, free court forms aren't available.
Contact your local family law facilitator for help if you need a temporary order. They can usually tell you what forms you need and explain the basic process. If the facilitator can't help you, it's time to talk to an attorney.
How long does it take to get a temporary order?
It could take anywhere from a day or two to a few months. The time it takes depends on:
- The type of temporary order you're trying to get.
- The county your case is in.
- How your spouse responds to your request for temporary orders.
Temporary orders in Oregon divorce cases
Oregon has many temporary orders. The following section will break these down for you.
A status quo order ensures your kids' lives stay as normal as possible during the divorce. A status quo order doesn't give you custody of your kids. It's just a temporary stopgap to provide stability to your kids until you can get a custody order in place.
The order says your kids must stay in the same home and follow their usual routine during your divorce. You can get this order if your kids have lived in the same place for the last three months.
Getting a temporary custody order can be a good choice if you don't qualify for a status quo order. A temporary custody order creates rules about:
- Which parent gets to make important decisions about the kids during the divorce
- Where your kids live during the divorce
- When your kids see each parent
Here's what else you need to know:
- It can take several weeks to months to get this order, depending on the county and how your partner responds to your request.
- After you finalize your divorce, your temporary custody order will be replaced by a final custody decision.
- You can use Oregon's standard "Prejudgment Temporary Orders" forms and instructions to ask for temporary custody.
A temporary child support order requires your spouse to pay you money during your divorce to help with your kids' expenses. Later, when you finalize your divorce, this will change to a long-term child support order.
Here's what else you need to know:
- It can take several weeks to months to get this order, depending on the county and how your partner responds to your request.
- After you finalize your divorce, your temporary child support order will be replaced by a final child support order.
- You can use Oregon's standard "Prejudgment Temporary Orders" forms and instructions to ask for temporary child support.
If your spouse supported you financially during your marriage, you can apply for a temporary spousal support order. This order requires your spouse to pay you monthly or a lump sum to help you get through the divorce.
Here's what else you need to know:
- It can take several weeks to months to get this order, depending on the county and how your partner responds to your request.
- After you finalize your divorce, your temporary spousal support order can be replaced by a final order, or it may go away.
- You can use Oregon's standard "Prejudgment Temporary Orders" forms and instructions to ask for temporary spousal support.
If you're fighting about who lives in the house or who gets to drive your cars during your divorce, you can get a temporary order that clears up these disputes. A temporary order can say one spouse gets the house or pays your debts during the divorce.
Here's what else you need to know:
- It can take several weeks to months to get this order, depending on the county and how your partner responds to your request.
- After you finalize your divorce, these temporary orders can be replaced by a final decision about what happens with your property and debts.
- You can use Oregon's standard "Prejudgment Temporary Orders" forms and instructions to ask for this kind of temporary order.
If your spouse has all the money (and a lawyer), you can ask for a temporary order that makes them pay you some money. This way, you can hire a lawyer too.
Here's what else you need to know:
- It can take several weeks to months to get this order, depending on the county and how your partner responds to your request.
- You can use Oregon's standard "Prejudgment Temporary Orders" forms and instructions to ask for this kind of temporary order.
This emergency order can protect your children if your spouse is abusing your children or a threat to them. An immediate danger order can:
- Give you temporary emergency custody of your children
- Require your spouse to return your kids (if they took them)
- Require your spouse to have supervised visits or not see your kids
You can get this order quickly, within a day or two. You need to have strong evidence your children are in danger.
This emergency order can help you stay safe if you're trying to leave a spouse who has been physically abusive to you. You can get this order quickly, within a day or two.
This order can require your abusive partner to:
- Move out of your home
- Stop contacting you
- Stay away from you, your home, work, or other places you go to
- Pay you emergency money
- Return your kids (if your spouse took your kids or aren't letting you see them)
This restraining order can also give you temporary custody of your kids. This can make it safer for you to leave with your kids.
Learn more about leaving an abusive relationship here or download restraining order forms at the Oregon Judicial Department website.
This restraining order is for people 65 or older or people who have disabilities.
This emergency order can help you stay safe if you're trying to leave a spouse who has been verbally, sexually, financially, or physically abusive to you. You can get this order quickly, within a day or two.
This order can require your spouse to:
- Move out of your shared home
- Stop contacting you
- Stay away from your home, work, or other places you go to frequently
Learn more about this restraining order here or download forms from the Oregon Judicial Department website.