Temporary Court Orders in California Divorce — How to Get One and What They Cover

The period between filing for divorce and receiving a final judgment can last months or years. During that time, families need clear rules about where children live, who pays the bills, and how the marital estate is protected. Temporary court orders — also called pendente lite orders — provide those rules while the divorce is pending. Understanding how to obtain them, what they cover, and how they interact with the final judgment is essential for anyone navigating a California divorce.

What Are Temporary Orders in California Divorce?

Temporary orders are court orders entered during the pendency of a divorce proceeding that govern the parties' conduct until the final judgment. They are distinct from emergency orders (which are issued ex parte without notice) — temporary orders are typically obtained through a noticed Request for Order (FL-300) process in which both parties have the opportunity to present evidence and argument before the court rules.

Temporary orders address: temporary physical and legal custody of minor children; a temporary visitation and parenting schedule; temporary child support under the statewide guideline formula; temporary spousal support (pendente lite support); use and possession of the family home and other major assets; payment of ongoing bills and mortgage obligations; and attorney fee orders requiring one party to contribute to the other's legal costs.

The Automatic Temporary Restraining Orders (ATROs)

The moment a divorce petition is filed and served, California's Automatic Temporary Restraining Orders under Family Code §2040 take effect automatically — without any court action. The ATROs are printed on the back of the summons (FL-110) and take effect on the petitioner when the petition is filed, and on the respondent when they are served.

The ATROs prohibit both parties from: transferring, encumbering, or disposing of community property without consent or court order; canceling or modifying insurance coverage (health, auto, property, life); making new non-testamentary transfers of property; and taking the children out of California without written consent or court order. The ATROs are self-executing and immediately enforceable — violation is contempt of court.

How to Get a Temporary Order — The Request for Order Process

To obtain a temporary order on any issue (custody, support, attorney fees, property use), a party files a Request for Order (FL-300) with supporting declarations explaining the basis for the requested relief. The court schedules a hearing — typically within three to six weeks of filing — at which both parties may appear and present evidence.

Supporting declarations must be specific and factual. A declaration requesting temporary custody should explain the child's current living situation, each parent's caregiving history, and the specific arrangement being requested and why it serves the child's best interests. A declaration requesting temporary support should include an updated Income and Expense Declaration (FL-150) with supporting financial documentation.

Emergency Orders — Ex Parte Relief Without Notice

When the situation is a genuine emergency — immediate danger to a child's safety, imminent dissipation of assets, or a domestic violence situation — a party may seek emergency orders ex parte (without advance notice to the other party) under Family Code §3064 for custody emergencies or under the Domestic Violence Prevention Act for domestic violence situations. Emergency orders are more difficult to obtain because courts require evidence that giving notice would frustrate the purpose of the order or place the moving party in danger.

Ex parte orders are temporary by design — courts set a follow-up noticed hearing within 21 days at which both parties present full evidence and argument on whether the emergency orders should continue.

Temporary Spousal Support

Temporary spousal support — called pendente lite support — is calculated using a computer formula (XSpouse) that accounts for each party's income and the marital standard of living. The formula produces a specific dollar amount that courts follow closely for temporary support, unlike the multi-factor analysis of Family Code §4320 that governs permanent support. Temporary support can be substantial in high-income cases and significantly affects the financial dynamics of the divorce proceeding.

The temporary support amount does not predict the final support award. Courts apply a different, more comprehensive analysis for permanent support that may produce a very different result. However, a temporary order that will be in place for 12-18 months has real financial consequences and is worth contesting if the formula produces an unfair result.

Temporary Custody Orders

Temporary custody orders establish where the children live and who makes decisions about their welfare during the divorce proceeding. Courts apply the best interests of the child standard under Family Code §3011 for temporary custody — the same standard used for permanent custody. In practice, temporary custody orders often predict the final custody arrangement because courts are reluctant to disrupt arrangements that appear to be working for the children.

This is why establishing a favorable custody arrangement early in the proceeding — either by agreement or through a well-presented temporary order motion — can be strategically significant for the long-term outcome of the custody case.

Attorney Fee Orders

Under Family Code §2030, courts may order one party to pay a portion of the other party's attorney fees during the divorce proceeding when there is a disparity in access to funds. A party who has limited access to liquid assets — even in a marriage with significant community property — may be unable to retain adequate counsel without a temporary attorney fee order. Courts consider both parties' incomes and assets in evaluating fee requests.

Serving Orange County and Riverside County Clients

Furubotten Law, APC obtains and contests temporary orders throughout our service area — Orange County, Southwest Justice Center in Murrieta, and the Menifee Justice Center. Call (714) 795-3862 to discuss your temporary order needs.