Temporary orders are Arizona family court orders that govern the parties while the case is pending before final judgment. They address the immediate practical issues that cannot wait until the case is resolved: who stays in the family home, how the bills are paid, what the child's schedule looks like while the divorce is pending, whether spousal maintenance is paid during the case, and whether attorney fees are advanced.
Temporary orders are not final orders. They are designed to maintain the status quo and prevent harm during the pendency. The court will revisit them at the final hearing and is not bound by the temporary arrangement when making final decisions.
The most practical approach when both parties can be reasonable is to negotiate a temporary agreement rather than go to a temporary orders hearing. A hearing requires preparation, takes attorney time, and produces a result based on limited information. A Rule 69 agreement on temporary matters is faster, cheaper, and can be tailored to the actual situation rather than what the calculator assumes.
Any temporary agreement should include language that the arrangement is subject to reallocation at final trial or settlement. That protects both parties and ensures the temporary arrangement does not inadvertently become the baseline for the final outcome.
Under the Alec and Lydia Act, when domestic violence is alleged at a temporary orders hearing the court must now make specific written findings addressing the evidence of domestic violence, the presumption, and the protective measures. This is a significant change from prior law which did not require written findings in temporary orders.
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