What is a Temporary Orders Hearing in Arizona

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We want to answer the question what is a temporary orders hearing in Arizona. A Temporary Orders Hearing is a court proceeding that occurs before your judge signs the final divorce decree.

The purpose of the Temporary Orders Hearing is to bring some order to the case.

The judge can issue temporary orders that will be in effect until the case is over and includes, for example, such things as:

Child custody orders (now called “Legal Decision Making“)
Parenting time orders
Child support orders
Alimony (i.e., Spousal Maintenance)
Exclusive use of property, such as homes and cars, during the pendency of the case
Payment of the parties’ debts during the pendency of the case;
Payment of attorney and expert witness fees by one spouse for the other spouse

Several statutes address the court’s authority to order one spouse to pay the other spouse’s attorney fees. It is important, therefore, to understand the laws to rely upon when requesting an award of attorney fees at a Temporary Orders Hearing as opposed to a request for attorney fees at the end of the case.

You may read our summary of the Arizona Court of Appeals’ decision in the Myrick v. Maloney case to learn more about the payment of attorney fees in an Arizona divorce case.

Temporary Orders in Arizona Terminate When Final Orders Are Issued

It is important to understand that the court’s temporary orders only last until the court issues final orders in the case. When the court issues final orders, the temporary orders no longer exist. In legal terms, the temporary orders are deemed to have “merged” into the Decree.

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Amount of Time Granted for a Temporary Orders Hearing in Arizona

You should also know you will be given an insufficient amount of time to present your evidence at a Temporary Orders Hearing. You may receive somewhere between thirty minutes to one hour of which only half of that time is given to you to present your side of the case.

You are given significantly more time to give evidence at the final trial of your case. As a result, the final orders may be much different than the orders issued at a temporary orders hearing depending upon the complexity of the case.

If you are a grandparent involved in a grandparent visitation or grandparent child custody case, you should read our summary of the Arizona Court of Appeals’ decision in the Lambertus v. The Honorable Gerald Porter case ruled upon whether a judge has the authority to issue Temporary Orders granting grandparent visitation or custody rights before a final trial of the case.

The case focused on whether the statute gave the court the authority to issue temporary child custody or visitation orders to a non-parent.

Modification of Temporary Orders in Arizona

How to Modify Temporary Orders in Arizona.

A trial court also has the power to modify Temporary Orders previously issued in a case; either before Trial or at the time of the final Trial.

Normally, a modification of child support or spousal maintenance is only effective prospectively and cannot result in a change in the support order before the date the request to modify is filed.

Retroactive Modification of Temporary Orders in Arizona

However, Temporary Orders are an exception, and the trial court may, at any time, change the temporary child support or spousal maintenance amounts back to the beginning of the case at any point in the case. You should read our summary of the Arizona Court of Appeals’ decision in the Maximov v. Maximov case addressing that precise issue.

Arizona Attorneys Providing Representation at a Temporary Orders Hearing

If you need more information about a temporary orders hearing in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have decades of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.

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