Filing For Temporary Orders – Why You (Probably) Need Them, And How To Get Them

The term “temporary orders” is shorthand for a number of different orders that you can ask the Court to enter prior to the finalization of your divorce.  They are temporary in the sense that they will be in force until they are replaced by the orders entered when you finalize your divorce (or, occasionally, later temporary orders).

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WHY YOU NEED THEM

Getting a divorce in King County can take a long time.  Temporary orders provide divorcing spouses with an initial set of governing documents that cover everything from who pays the mortgage to who gets the Wii.

Just about everything we commonly associate with a finalized divorce, such as child support, a parenting plan, spousal maintenance, and division of property, can also be dealt with before your divorce is completed, through temporary orders.

Some people are able to reach agreement on some, or all of the issues that can be litigated through a motion for temporary orders.  However, if you and your soon-t0-be-ex-spouse cannot reach an agreement, or if you feel your current, just-between-the-two-of-you agreement is not working, you can seek the court’s assistance.

HOW TO GET THEM

To get temporary orders, you must file a motion that asks the court for what you need, and explains why you need it.  Just like filing for divorce, the process of filing for temporary orders can be complicated, and usually involves a lot of paperwork.  At the outset, there are just two basic components of a Motion for Temporary Orders:

1.  Note for Motion Docket. Tells where and when the motion will be heard.

2. Motion and Declaration for Temporary Orders.

However, for most people these two documents will not be enough.  If you are asking the Court for any kind of financial relief (such as temporary spousal maintenance or an order that tells your ex to pay the Visa bill) you also need:

3.  A Financial Declaration. Sworn statement on your earnings and expenses.

4. Sealed Financial Source Documents. You have to include the last two years of tax returns, and the last six months of paystubs and bank statements. These are filed with the court under seal so that no one can look at them but the court.

What if you have kids?  You probably need an order setting out where, when and with which parent the kids will live.  And, of course, it would be helpful to determine exactly how much each parent needs to pay towards the kids’ support.  So, you will also need:

5.  A Proposed Temporary Parenting Plan.

6.  A Proposed Child Support Order.

7.  Child Support Worksheets.

You can find all of these forms  Washington Court patterns forms site except for the Note For Motion Docket and Sealed Financial Source Documents forms, which you will find in the forms directory of the King County Clerk’s Office.

Like our article on filing for divorce, we’re going to provide information on each individual component of a temporary orders motion in bite sized chunks, one post at a time, about once a week.

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