It’s no secret that divorce takes time. In Arizona, the process can take several months or longer, depending on the complexity of the situation and the level of conflict involved. That’s why a critical consideration many divorcing Arizonans must face is: how can you mitigate what happens during that time?
While the divorce is pending, temporary orders can help protect your rights and financial stability and create a structure for your new life post-marriage. Temporary orders are court-issued decisions that help maintain order and fairness while the divorce is pending. These orders can cover parenting time, child support, and who stays in the family home.
For example, if a spouse is overspending recklessly, abusive, or refusing to pay the required financial support, temporary orders for divorce in Arizona can offer immediate protection to the other spouse. The orders can also prevent either party from taking any action that could negatively impact the children or cause long-term damage to assets acquired during the marriage.
Temporary orders can give you more security during the divorce transition period. Consulting with an experienced Arizona divorce attorney can help you initiate the process while building a strong case for your overall divorce proceedings.
What Are Temporary Orders for Divorce in Arizona?
Temporary orders for divorce in Arizona involve legal decisions issued by the court that remain in effect until the final divorce judgment is issued. This establishes clear rules and expectations between the spouses while the case is pending with the court. These orders can help you avoid unnecessary disputes over matters involving the children or finances.
Temporary orders are especially important in instances of high-conflict divorces or when one spouse has a significantly higher income than the other. This might also apply to parenting situations where one parent refuses to allow the other to see the children, or one spouse moves out and no longer contributes to paying the bills.
While the divorce is in progress, temporary orders can be modified if the circumstances change. Otherwise, the orders conclude with the finalization of the divorce.
What Can Be Covered By Temporary Orders?
Temporary orders can cover a wide array of issues. Some of these include:
- Child Custody (Including Decision-Making Rights and Parenting Time) – Temporary orders may involve establishing a visitation schedule and protecting the child’s best interests.
- Spousal Maintenance – If one spouse earns more than the other, temporary spousal maintenance in Arizona can provide financial support to the lower-earning spouse.
- Child Support – Temporary orders surrounding child support ensure the child’s needs are met.
- Use of Marital Property – This may involve specifying who is entitled to remain in the shared home or who can use specific assets, such as vehicles.
- Payment of Debts and Bills – A temporary order can provide spouses with an opportunity to clarify who is responsible for which debts or bills and what that obligation will entail moving forward.
Your divorce attorney can file a motion with the court to outline your requests for temporary orders. Then, the court will schedule a hearing, and a judge can make a decision based on each spouse’s arguments and evidence.
Arizona Divorce: Temporary Child Custody
Going through a divorce as parents can come with additional stress. The immediate concern typically involves where the children will live, who will make important decisions regarding their lives, and how parenting time will be shared. Arizona courts prioritize the child’s best interests when issuing temporary custody or parenting orders.
Temporary child custody orders can outline which parent holds the legal decision-making authority and where the child will reside during the divorce proceedings. These orders help parents maintain a relationship with their child while attempting to reduce conflict and confusion within the family.
Temporary custody orders can address the following:
- Legal decision-making authority
- Parenting time schedules
- Safety measures, such as supervised visitations
- Holiday and vacation arrangements
By establishing clear expectations at the beginning of the process, temporary orders can help protect the child’s emotional well-being as much as possible during the divorce.
Temporary Child Support
Arizona uses a specific formula to calculate support payments.
The Arizona Child Support Guidelines consider the following:
- Each parent’s income
- The amount of time the child spends with each parent
- Health insurance costs
- Childcare expenses
Child support offers a way to create stability for the child since divorce can bring about financial disruption. Temporary child support orders establish a legal obligation for both parents to contribute financially to their child during the transition.
Temporary support orders are enforceable by law. Failure to pay can lead to legal consequences. However, Arizona divorce attorneys can help you request a modification with the courts if your situation changes during this time.
Temporary Spousal Maintenance (Alimony)
Often, one partner makes significantly more money than the other. Temporary spousal maintenance in Arizona helps provide financial support to the lower-earning spouse throughout the divorce process.
Temporary alimony is often awarded when:
- There is a large disparity in incomes between the spouses
- One spouse gave up a career to support the household
- A spouse needs time to gain employment or further their education for work
- One party has limited access to marital funds or assets
Arizona courts also consider the length of marriage, with a preference given to longer marriages.
Divorce can cause immediate financial difficulties due to the loss of one household income, as well as additional legal fees. Temporary spousal maintenance helps both spouses cover living costs, such as rent and utilities.
How to File for Temporary Orders in Arizona
When you’re ready to file for temporary orders in AZ divorce court, you must begin by submitting a formal petition for temporary orders. This petition is often filed alongside the divorce petition, but you can file it at any time. The petition will outline the type of relief you’re seeking, such as child custody or support, and provide reasons for your request. Once filed, you must serve the other party with notice of the petition.
Once the temporary orders are filed, the court then schedules a hearing where both parties can present their information. If either party is accused of harming the other, an emergency hearing may provide quicker intervention and safety for the victim.
The burden of proof falls on the requesting party, so you’ll need ample evidence to support your reasons for filing the order. A knowledgeable Arizona divorce attorney can help ensure your petition is strong, increasing the likelihood of its success.
When Are Emergency Orders During Divorce in AZ Warranted?
Emergency orders during divorce in AZ are court-issued decisions made when immediate action is necessary to protect a spouse or child. Unlike standard orders, the courts fast-track emergency orders to offer urgent intervention.
These orders are warranted in situations such as:
- Child neglect or threats to the child’s safety
- Physical violence or domestic abuse
- Substance abuse that impacts the person’s ability to parent responsibly
- A spouse is trying to hide, waste, or transfer marital assets to another party
The spouse requesting the emergency order must demonstrate that irreparable harm may occur if the court delays. Necessary documentation for proof might include police reports, medical records, or witness statements.
Emergency hearings may be held ex parte, which means that the judge can grant temporary relief before hearing from the other party. A full hearing is then scheduled shortly thereafter, allowing both sides to present their cases.
Why Temporary Orders Are Critical in High-Conflict or Complex Cases
Financially complex divorces, or those with high conflict, often require temporary orders for divorce in Arizona to protect your rights and make the divorce process fairer.
Common challenges in these cases include:
- One spouse hiding assets, draining shared bank accounts, or racking up debt that could be considered marital debts
- Domestic violence, substance abuse, or emotional instability
- A high-earning spouse refusing to provide financial support or access to marital funds
A temporary order can go as far as freezing accounts and assigning financial responsibilities. These orders can de-escalate conflict and give the court the authority to enforce boundaries. This process can also establish a framework that can influence the outcome of the final divorce ruling.
Establishing temporary orders in high-conflict or complex cases can help bring about stability for both parties and their children. It can be crucial in preserving assets, protecting vulnerable spouses, and ensuring a smoother path forward in the divorce proceedings.
How an Arizona Family Law Attorney Helps You Secure Temporary Orders
Securing temporary orders in a divorce requires strong evidence and a compelling presentation to the court. A skilled Arizona divorce attorney is well-versed in Arizona family law and can help you gather appropriate documentation and advocate for your legal rights in court.
An attorney can help you collect and organize evidence to support your case, including:
- Financial records, such as pay stubs, bank statements, and expense reports
- Communication between you and your spouse, which might include texts, emails, or letters
- Police reports and medical records in the case of reported abuse
- Documentation of parenting involvement and any concerns you may have
With strong evidence, your attorney drafts and files all necessary motions and then represents you in court hearings. They can help you through fair custody arrangements, child support, spousal maintenance, or temporary use of property. A divorce attorney’s main objective is to ensure your voice is heard, your rights are protected, and the divorce is resolved fairly.
Early family court decisions can significantly impact the entire divorce process, making it essential to ensure strong legal representation is in place from the outset.
The Importance of Representation in Arizona
In Arizona, the divorce rate was 2 per 1,000 individuals in 2023, according to the Centers for Disease Control and Prevention. That’s much lower than the national average of 6.1 for that same year. Our own Maricopa County is above the state’s average at 2.9 divorces per 1,000 individuals.
These statistics can provide a broader view of the scope of divorce in Arizona, but they can’t measure the emotional upheaval that can be associated with contentious or abusive divorce situations. Navigating the legal complexities alone can cause further strain, and temporary orders can add to the mountain of paperwork if you choose to address your divorce yourself. That’s why legal guidance is so important when you’re facing a divorce or the need to file temporary orders in the state.
Protect Your Rights and Future: Contact The Valley Law Group
The experienced team at The Valley Law Group understands the emotional strain and associated pressure people feel while going through a divorce. We work to protect your rights and focus on the best interests of your children. If temporary orders are necessary, we will work diligently to provide protections that can give you peace of mind throughout the divorce process. Whether you’re dealing with a high-conflict spouse, financial uncertainty, or urgent safety concerns, we advocate for you while providing clarity and compassionate guidance.
Since temporary orders can significantly impact the outcome of your divorce, it’s important to take immediate action. Contact The Valley Group today to schedule a free consultation. We can review your situation, explain your legal options, and assist you in taking the necessary steps to safeguard your rights and future.
Resources:
- Arizona Supreme Court – Child Support Quick Reference Guide: Arizona Supreme Court. (n.d.). Child support quick reference guide. Arizona Judicial Branch. https://www.azcourts.gov/Portals/31/Child%20Support/QuickReferenceRED.pdf
- CDC – State Divorce Rates (1990–2023): National Center for Health Statistics. (2024). State divorce rates, 1990, 1995, 2000–2023 [Data set]. Centers for Disease Control and Prevention. https://www.cdc.gov/nchs/data/dvs/marriage-divorce/state-divorce-rates-90-95-00-23.pdf
- CDC – National Marriage and Divorce Rates (2000–2023): National Center for Health Statistics. (2024). National marriage and divorce rates, 2000–2023 [Data set]. Centers for Disease Control and Prevention. https://www.cdc.gov/nchs/data/dvs/marriage-divorce/national-marriage-divorce-rates-00-23.pdf
- Arizona Department of Health Services – Health Status Report: Arizona Department of Health Services. (2022). Arizona health status and vital statistics 2021: Marital status of women giving birth by age group and race/ethnicity [Table 5G-5]. https://pub.azdhs.gov/health-stats/report/ahs/ahs2021/pdf/5g5.pdf
Jon McCarty has broad experience in a wide variety of family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. Jon then spent several years practicing in a large law firm in Chicago, before starting his own multi-state practice concentrating in family and criminal law.
