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When you file for divorce in Washington state, it can take months or even years to reach a final resolution, especially if any aspect of the separation is contested. The problem is that during this time, you still need confirmed arrangements for child custody, child support, spousal maintenance (alimony), and your respective living situations. A motion for temporary relief addresses these pressing needs while your divorce case moves forward.
Temporary relief motions serve as a bridge between filing for divorce and receiving your final decree. These court orders establish interim arrangements that protect both spouses and any children involved. Without temporary orders, there’s too much uncertainty about who pays bills, where children live, and how household expenses get managed during the divorce action. In this guide, we’ll go over common types of orders, how and when to get one, and how ZafiroLaw, PLLC can help.
What Is an Order for Temporary Relief?
In Washington, an Order for Temporary Relief (often called a temporary order or interim order) is a court-issued directive that sets rules during a pending family law case, such as a divorce or custody dispute. These orders are not permanent. Instead, they remain in effect until the court issues a final judgment or enters a new order that replaces them.
To obtain a temporary order, you must file a motion with the court, typically after starting a family law case. This includes submitting written declarations, financial disclosures, and proposed orders. A hearing date will be set, and the other party will have a chance to respond. If the court grants your request, the order will remain in place until a final ruling is made. Temporary orders help provide stability, protect legal rights, and reduce conflict while your case moves forward.
Common Types of Temporary Relief Orders
Washington courts can issue temporary relief orders covering custody arrangements, financial support, and property use to maintain stability during your case. These orders protect both spouses and children while the divorce moves through the legal system.
- Temporary Parenting Plan/Temporary Residential Schedule: Temporary custody orders establish where children will live and how parenting time gets divided during the divorce. Washington courts prioritize the children’s best interests when making these decisions. The order usually designates one parent as the primary residential parent while granting the other parent visitation rights. These arrangements remain in effect until the court issues a final parenting plan as part of your divorce decree.
- Temporary Child Support: Child support is another common subject of temporary relief orders. The court calculates support amounts using Washington’s child support schedule, which considers both parents’ incomes and the custody arrangement. These payments help ensure the children’s needs are met while the divorce is in progress. Support orders can be modified if either parent’s financial circumstances change during the proceedings.
- Temporary Spousal Support (Maintenance): Spousal support, also called spousal maintenance, may be included in temporary orders. Courts consider factors like the length of marriage, each spouse’s earning capacity, and standard of living during the marriage before issuing the order. The amount and duration depend on each spouse’s financial situation and needs.
- Property and Asset Use Orders: Property use orders can also be part of temporary relief in a divorce. These orders might determine who stays in the marital home, who drives which vehicles, or how household expenses get divided. They also prevent either spouse from selling or disposing of marital assets without court approval.
When to File a Motion for Temporary Relief
You should consider filing for temporary relief as soon as you or your spouse files for divorce. Washington courts allow either party to request temporary orders at any point during the proceedings. This proactive approach sets clear expectations for both parties and reduces the likelihood of conflicts during the divorce process.
- Financial Emergency Situations: Financial emergencies often trigger the need for temporary relief motions. If your spouse controls the family finances or stops paying bills, you may need court intervention immediately. Temporary orders can require continued payment of mortgages, utilities, and other household expenses to prevent financial problems. These orders also protect you from being cut off from bank accounts or credit cards that you rely on for daily expenses.
- Child Custody and Safety Concerns: Child-related disputes also warrant immediate temporary relief requests. When parents can’t agree on custody arrangements or one parent threatens to relocate with the children, temporary custody orders can prevent parental kidnapping and ensure children maintain relationships with both parents during the divorce. These orders also establish guidelines for important decisions about schooling, medical care, and extracurricular activities.
- Domestic Violence Protection: Washington courts can issue restraining orders to protect domestic violence victims from abuse. These orders may also grant exclusive use of the family home to the protected party and establish supervised visitation if children are involved. Protection orders provide legal recourse if the abusive spouse violates the court’s directives.
- Property and Asset Protection: If you’re concerned your spouse might sell assets, empty bank accounts, or damage marital property, temporary orders can prevent these actions. Courts can freeze assets and require both parties to maintain insurance coverage on valuable property. These protective measures ensure marital assets remain available for final division in the divorce decree.
The Process in Washington Courts
When filing a motion for temporary relief in Washington, you must submit a motion, supporting declaration, and proposed temporary order to the court clerk. The motion explains what relief you’re requesting, while your declaration provides factual support for your requests under oath.
After filing your motion, you must serve copies on your spouse according to Washington court rules. They then have to file their response with their own declaration and any objections to your requests. This waiting period allows both parties to prepare their arguments before the court hearing takes place.
Washington courts typically schedule hearings within 30 days of receiving your motion for temporary relief. During the hearing, both parties can present evidence and testimony to support their positions. The court may issue temporary orders immediately after the hearing or within a few days, depending on the situation. These orders become legally binding once signed by the judge and filed with the court clerk.
You can modify temporary orders if any situations change during your divorce proceedings. Filing a motion to modify requires showing the court that substantial changes have occurred since the original order. The modification follows similar procedures to the initial temporary relief motion, including notice to your spouse and a court hearing.
How Temporary Orders Can Impact Final Outcomes
Temporary orders may influence the final terms of your divorce decree in Washington state. Courts tend to maintain arrangements that have worked well during the temporary period, so judges may be reluctant to disrupt that stability in the final order.
For example:
- Temporary custody schedules that prove successful may become the foundation for permanent parenting plans. Courts evaluate how well children have adjusted to the temporary arrangement and whether both parents have followed the court’s directives.
- Financial support amounts established in temporary orders can set expectations for permanent support. When temporary spousal support has allowed both parties to maintain reasonable living standards, courts may continue similar payment structures. However, temporary support amounts don’t guarantee a permanent support amount since final orders consider factors like property division and long-term earning potential.
Documentation of compliance with temporary orders can improve your position in final divorce settlement negotiations. Keep records of support payments made, parenting time exercised, and other requirements fulfilled under the temporary order. This evidence shows the court your commitment to following its directives, which can influence final decisions in your favor.
Questions? Speak to a Washington Divorce Attorney Today!
Motion for temporary relief in divorce cases provides immediate protection and stability while your Washington state divorce proceeds through the courts. These orders address urgent needs like child custody, financial support, and property use that can’t wait for final resolution. Filing early in your divorce case helps prevent disputes and establishes clear guidelines for both parties during this challenging time.
Working with an experienced family law attorney can help you present a strong case for temporary relief. If you’re facing divorce and need immediate court intervention for custody, support, or protection issues, contact ZafiroLaw to discuss your options for temporary relief. To get started, call our family law firm today or schedule a consultation online.
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