From the initial filing to the final decree, the divorce process takes time. In Oklahoma, it can take anywhere from about four months for a simple, uncontested divorce to a few years for a hotly contested divorce or one with complex issues to resolve such as child custody, business valuations, or significant assets. But many important issues cannot wait for the final decree and must be addressed right away. With temporary orders, the court can provide the divorcing couple with a set of rules to abide by during the divorce process.

Common Issues Covered by Temporary Orders

The court can issue a temporary order as a stopgap measure to smooth out the divorce process. These measures can provide stability during the difficult and sometimes contentious transition from married couple to divorced individuals. Taking care of the children’s needs is one of the most common uses of a temporary order. With a temporary order, the court can establish parameters for child custody and create a visitation schedule.

Additionally, the court can order temporary child support to ensure that the children are properly cared for. Similarly, the court can order temporary spousal support if one spouse needs financial support during the divorce process. The court can decide which spouse stays in the marital home while the divorce is pending, which spouse gets the car, which spouse must pay outstanding financial obligations, and more. Further, while Oklahoma views pets as property, the court may be inclined to issue a temporary order to establish a pet care plan until the final decree determines the division of marital property.

Although they are temporary, the court enforces these orders the same way as any other court order. Violating a temporary order may result in fines or penalties. For this reason, understanding the terms of any temporary orders the court imposes is essential.

How Do I Request Temporary Orders in Oklahoma?

Oklahoma law allows either divorcing spouse to request temporary orders once the divorce petition is filed. The process begins by filing a motion with the court. The motion should clearly state what you are requesting from the court and why it is necessary. The motion should include any evidence that supports your request. The evidence will depend on the type of temporary order you are requesting.

The court schedules a hearing at which both divorcing spouses have the opportunity to present their side. The judge will consider the testimony and review the evidence. If the judge issues a temporary order, it will remain in place–and enforceable–until a modification is requested or it is replaced by the final divorce decree.

Requesting a Modification

Circumstances change–especially if the divorce process leans toward a longer timeline. Similar to the way you can ask the court for a modification of your divorce decree, you may file a motion with the court for a modification of the temporary orders it issued. Again, you will want to clearly explain what has changed and why a modified order is necessary and include supporting evidence. Some of the common concerns that can be addressed by a modification include:

• A significant change in work status, income, or financial obligations
• A schedule change that impacts any care or visitation arrangements
• New evidence obtained that affects the existing temporary order
• The other spouse’s noncompliance with the existing temporary order
• Concern for the safety or well being of the divorcing spouse, children, or pet

Note that once a temporary order is in place, an informal agreement between spouses to change it is not legally binding without the court’s approval.

Temporary Orders Set the Tone

While temporary orders are only meant to provide stability during the divorce transition, they can set the tone for the final decree. For example, if the judge sees that the custody and visitation arrangements in a temporary order are working well, the judge may not want to interfere by changing anything in the final decree–especially the longer the temporary order is in place. Likewise, the judge may observe that the child support or spousal support awarded in a temporary order adequately fulfills the recipient’s needs as well as shows the paying spouse’s financial capacity to provide sustained support. On the other hand, one spouse’s failure or unwillingness to comply with a temporary order may negatively affect that spouse’s outcome in the final decree. In short, each spouse’s behavior under the temporary order can influence–both positively or negatively– the judge’s determinations in the final decree.

For this reason, preparing for or responding to a motion for a temporary order should be taken seriously–ideally with the guidance of an attorney who can effectively represent your position to the court.

Work with an Oklahoma Divorce Attorney

Temporary orders play a significant role in the Oklahoma divorce process. The attorneys at Titus Hillis Reynolds Love understand how useful these orders can be in keeping the divorce process manageable. Our family law attorneys work with you to obtain temporary orders that will help bring stability to you, your finances, and your family during your divorce. Contact us today to schedule a consultation. Get the guidance you need during this critical stage of your case.