Utah State Courts

How to get a Temporary Order

Talk to an attorney
Motion for Temporary Order
Opposing a Motion for Temporary Order

Procedures
Forms
Related Information

Talk to an attorney

A Temporary Order can be complicated. Consider talking to an attorney to go over your options. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice.

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Motion for Temporary Order

A temporary order governs child custody, parent time and support, alimony, property distribution, attorney fees and other matters during the divorce or parentage proceedings. The parties must follow the temporary order until it is changed or until final judgment in the case.

A Motion for Temporary Order may be filed with or after the petition for divorce or the petition to establish parentage. A Motion for Temporary Order may also be filed with or after a petition to modify a divorce or parentage decree.

A temporary order is not automatic. You must give the court good reasons for granting your request. If you want the temporary order to govern child custody and parent time, you must include a Parenting Plan. If you want the temporary order to govern any financial payments, such as alimony, child support or attorney fees, you must include a Financial Declaration and its supporting documents. There may be other attachments as well.

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Opposing a Motion for Temporary Order

Opposing the other party’s Motion for a Temporary Order is not the same as asking for a Temporary Order yourself. If you want the court to order child custody, parent-time, child support, child care expenses, health insurance, alimony, attorney fees, payment of bills and debts, or possession of property, and the other party has not raised the issue in his or her Motion for Temporary Order, you must file a Motion asking for these things.

When you file the Statement Opposing the Motion for Temporary Order, you must file with it a Financial Declaration and its supporting documents, a Parenting Plan, and any other document supporting your claims that you want the court to consider.

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Procedures

The procedures for a Motion for Temporary Order are different depending on whether the Motion will first be considered by a court commissioner or by a judge. In Judicial Districts 1, 2, 3, and 4, a Motion for Temporary Order will first be considered by a court commissioner, and the process is governed by Rule of Civil Procedure 101. In Judicial Districts 5, 6, 7, and 8, a Motion for Temporary Order will first be considered by a judge, and the process is governed by Rule of Civil Procedure 7.

You may file and serve an objection to the commissioner’s order within 10 days after the order is entered. The objection will be considered by a judge and is governed by Rule of Civil Procedure 7.

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