Questions about custody, support, or the house while your divorce is pending? Call The Betz Law Firm.
Children need a schedule. The mortgage still needs to be paid. Someone has to decide who stays in the house.
Temporary orders are how Missouri courts address those questions while the case is still open. If you are preparing to file for divorce, or your spouse has already filed, understanding temporary orders can help you protect your children, your finances, and your position in the case.
What Are Temporary Orders in a Missouri Divorce?
Temporary orders are court orders that set the rules for a family while a divorce is pending. You may hear them called “pendente lite” orders, a Latin phrase meaning “while the litigation is pending.”
They are not the final outcome of your case. They are a bridge. A judge enters them to create stability and fairness until the parties reach a settlement or the court issues a final judgment. Once the court enters a final judgment, it replaces the temporary orders.
Not every divorce needs them. In an uncontested divorce, spouses often work out informal arrangements on their own while the paperwork moves forward. Temporary orders tend to matter most when spouses disagree about the children or money, when one spouse controls most of the income, or when communication has broken down.
What Temporary Orders Can Cover
Every case is different, but temporary orders in Missouri often address some combination of the following.
- Temporary custody and parenting time. A temporary parenting schedule sets where the children live during the week, how weekends and holidays are handled, and how exchanges happen. If you are concerned about how custody will be decided long term, our St. Louis child custody lawyers can explain how the court looks at the children’s best interests.
- Temporary child support. Missouri generally uses the same Form 14 guidelines for temporary support as for final support, based on each parent’s income and the parenting schedule. Learn more about child support in St. Louis.
- Temporary maintenance (spousal support). When one spouse depends on the other’s income, a court may order temporary support so both households can meet reasonable needs during the case. See our page on spousal support.
- Use of the marital home. A judge may decide which spouse stays in the house for now and who covers the mortgage, utilities, and upkeep.
- Payment of bills and debts. Orders can assign responsibility for car payments, credit cards, insurance premiums, and other household obligations.
- Vehicles and personal property. The court can address who drives which car and who keeps certain items on a temporary basis.
- Protecting marital assets. A court may restrict either spouse from selling, hiding, or spending down marital property outside of normal living expenses.
- Attorney’s fees. In some cases, a court may order one spouse to contribute toward the other’s legal fees so both sides can participate fairly.
If you are dealing with threats, harassment, or abuse, a temporary order in the divorce is usually not the only tool. An order of protection is a separate process that may offer faster, more direct safety measures.
How Temporary Orders Are Requested in St. Louis
Temporary orders usually start with a motion filed after the divorce petition. In the St. Louis area, divorces are generally handled in the Circuit Court of St. Louis County or the Circuit Court of the City of St. Louis, depending on where the spouses live. Each court has its own local procedures, so the exact steps and scheduling may vary.
The process often looks like this:
- A motion is filed. One spouse, through their attorney, asks the court for temporary orders on specific issues.
- Financial information is exchanged. Each spouse typically provides income and expense information, and often a statement of property and debts. Accurate numbers matter, because temporary support is based on them.
- The spouses try to agree. Many temporary issues are resolved by agreement, sometimes with mediation. Spouses can submit an agreed temporary order to the court without a contested hearing.
- A hearing is held if needed. When spouses cannot agree, a judge hears the issues. Temporary hearings are often shorter and more focused than a trial, so preparation and clear documentation can make a meaningful difference.
- The court enters the order. Once signed, the temporary order is enforceable until the court changes it or replaces it with the final judgment.
Parents in custody cases may also be required to complete a parenting education program. Your attorney can tell you what your specific court requires.
Common Mistakes to Avoid
Some missteps during a pending divorce can be difficult to undo later.
- Moving out without a plan. Leaving the marital home may be the right choice in some situations, but doing so without addressing the children’s schedule or household bills can create problems. When possible, talk with an attorney at The Betz Law Firm first.
- Emptying accounts or running up debt. Large withdrawals, new credit, or unusual spending can hurt your credibility and may be addressed by the court.
- Posting about the case on social media. Posts, photos, and messages can become evidence. Staying quiet online is usually the safest approach.
- Relying on handshake agreements. An informal arrangement may work for a while, but without a court order, it can be hard to enforce if things change.
- Using the children as messengers. Asking children to pass along messages or report on the other parent can harm them and may reflect poorly on you.
Talk With a St. Louis Divorce Attorney About Temporary Orders
The weeks and months while a divorce is pending can feel uncertain, but you don’t have to guess what comes next. The Betz Law Firm is a locally owned St. Louis family law firm, founded in 2012, that helps clients plan for temporary orders, prepare the financial information the court needs, and stay focused on their children and long-term goals.
If you have questions about your situation, call (314) 801-8488 or contact us online to schedule a confidential consultation with a St. Louis divorce attorney.