How Temporary Orders Work During a Divorce in Massachusetts
Temporary orders are legally binding directives issued by the Probate and Family Court after one party files a motion, usually early in the divorce process. These orders can address issues like child custody, parenting time, child support, spousal support, and who gets to live in the marital home while the case proceeds. In some instances, emergency or ex parte orders may be issued without notifying the other party, though they are typically short-lived.
When a marriage begins to dissolve, life doesn’t pause to accommodate the legal process. Children still need to be cared for. Bills still need to be paid. Living arrangements must still be managed. That’s where temporary orders come into play in a Massachusetts divorce. These orders serve as a legal framework to provide structure and stability while the divorce is ongoing.
If you’re navigating a divorce in Massachusetts, understanding how temporary orders work can help you make informed decisions and avoid costly missteps. In this guide, you’ll learn what temporary orders cover, how to file a motion, what to expect during a hearing, and how these orders can influence the outcome of your divorce. You’ll also learn why it’s important to work with an experienced family law attorney during the process.
What Are Temporary Orders in a Massachusetts Divorce?
Temporary orders are short-term, court-issued mandates designed to help maintain stability during the divorce process. They help set expectations and responsibilities until the final divorce judgment is entered.
Often, temporary orders mirror what those final expectations and responsibilities will be and help set the tone for what will come, such as paying child support or establishing a routine for parenting time. These orders are most commonly requested through a Motion for Temporary Orders filed by one of the spouses.
There are two main types of temporary orders:
- Standard Orders: Requested by filing a motion with notice to the other party. These are the most common and typically address ongoing issues like parenting time, custody, and financial support.
- Emergency or Ex Parte Orders: Granted without prior notice to the opposing party, these are used in situations where immediate harm to a spouse or child is alleged, such as abuse or neglect. These are governed by G.L. c. 208 §28A.
Issues typically addressed in temporary orders include:
- Parenting Time and Custody: Who the children will live with and how often the other parent will see them.
- Child Support: Financial support paid to the custodial parent for the children’s needs.
- Spousal Support (Alimony): Temporary financial support from one spouse to the other.
- Exclusive Use of the Marital Home: Who remains in the family residence during the proceedings.
Although labeled “temporary,” these orders often shape the final divorce judgment. Courts tend to continue arrangements that appear to be working, especially in matters of child custody and parenting time.
How to File a Motion for Temporary Orders in Massachusetts
Filing a motion for temporary orders in Massachusetts requires completing the right forms and including specific documents, and then filing those with the court (and paying the filing costs).
To request temporary orders, you’ll need to file a Motion for Temporary Orders using form CJD-400. This motion must be accompanied by two specific documents:
- An Affidavit: A sworn statement detailing the facts that justify your request. For example, a parent requesting sole custody might include details about the child’s schooling, health, and emotional needs.
- A Proposed Order: A document outlining what you want the judge to order. This shows the court the specific relief you’re requesting.
You can find the necessary forms on Mass.gov.
The motion is filed with the Probate and Family Court in the county where your divorce case is proceeding. For residents of Worcester, this will likely be the Worcester Probate and Family Court.
Filing costs include:
- $115 for the Motion for Temporary Orders
- $5 for the summons
You can file in person, by mail, or electronically through eFiling. If you’re not sure where to start, the Court Service Centers offer assistance.
Given the complexity of these filings, many people turn to a qualified attorney for help. Meet our attorneys to find support with document preparation and strategy.
What Happens After You File a Motion for Temporary Orders?
Once you’ve filed your motion for temporary orders, the court will schedule a hearing, and you’ll need to serve the other party with notice (note that you cannot serve the other party yourself).
The court will usually schedule your hearing within two to three weeks unless it’s an emergency motion. In that case, they will fast-track the process.
Service involves providing the opposing party with copies of all filed documents. Service must be completed by a constable or sheriff; you cannot serve the documents yourself. The opposing party must be notified at least 7 to 10 days before the hearing unless it’s an emergency, in which case no notice is given.
Note: In Worcester, court backlogs may delay your hearing date. This is a local reality that you should prepare for. Your attorney will help you understand the full timeline for any motion for temporary orders.
What to Expect at the Temporary Orders Hearing
Expect your hearing to be relatively brief and to have any evidence in the case reviewed if the divorce is contested. In some cases, the judge will issue a ruling from the bench, but complex cases may require additional time. Depending on the situation, Family Services may need to be involved.
Hearings for temporary orders are generally short, around 15 to 30 minutes. Both parties (or their attorneys) will present arguments. Evidence may be reviewed if custody or support is contested.
Some judges make rulings from the bench immediately after hearing arguments. In that case, the situation is resolved then. Some judges may take the matter “under advisement” and issue a decision later to give themselves a chance to consider the situation and implications of different aspects.
In counties like Worcester, the court’s Family Services Office may assign a probation officer or mediator to meet with the parties before the hearing. This can help narrow disputes and may even lead to a temporary agreement without needing a formal ruling.
Can Temporary Orders Be Emergency (Ex Parte)?
Yes, Massachusetts law allows for emergency temporary orders, also called ex parte relief, under G.L. c. 208 §28A.
Ex parte orders are granted without notice to the other party when there’s a serious risk of harm, such as domestic violence or child endangerment. The requesting party must provide a compelling affidavit explaining the urgency.
If granted, these orders are only valid for five business days. The court must then schedule a full hearing where both parties can be heard.
How Long Do Temporary Orders Last?
Temporary orders generally remain in effect until the divorce is finalized, either through settlement or trial. Emergency orders are shorter-term and must be reviewed promptly by the court.
While technically “temporary,” the arrangements made early on often become the status quo, especially in custody and parenting matters. This is why the hearing for temporary orders can be one of the most important stages in your divorce.
To learn more about how long the overall divorce process can take, see our guide on Massachusetts divorce timelines.
What Happens If Someone Violates a Temporary Order?
Violating a temporary order can have serious consequences. If your ex disregards a court order, like withholding parenting time or failing to pay child support, you can file a Complaint for Contempt.
In this process, you’ll need to explain to the court what the other party has failed to do (like paying child support) and show that it violates the temporary order. The court will then issue a contempt summons notifying the other party of both the complaint and the date of the hearing for them to respond to it.
You’ll both need to be present at the hearing so you can present both sides of the situation. The judge will listen to both arguments and then make a decision.
The court has several enforcement tools at its disposal to encourage the other party to live up to the responsibilities outlined in the temporary order, including:
- Fines
- Attorney’s fees
- Make-up parenting time
- Incarceration in extreme cases
Consistent enforcement is important to maintain fairness and make sure that both parties comply with court mandates.
Do You Need a Lawyer for a Temporary Orders Hearing?
Yes, you can technically go through the process on your own, but it’s not recommended.
While you can represent yourself (known as pro se), dealing with temporary orders without legal training can be risky and lead to some common divorce mistakes. These hearings often shape the rest of your divorce case. Mistakes made at this stage may be difficult to undo.
However, you don’t necessarily need a lawyer in a traditional sense. Not all cases require full representation. Massachusetts allows for Limited Assistance Representation (LAR), which lets you hire a lawyer for just part of your case, like reviewing your affidavit or representing you at the hearing.Our experienced attorneys can help you make the most of your hearing, whether you’re looking for full or limited representation.
Downloadable Checklist – Temporary Orders in MA Divorce
To help you stay organized, we’ve prepared a printable Temporary Orders Checklist for Massachusetts divorce cases. This guide includes:
- A list of required forms (CJD-400, Affidavit, Proposed Order)
- Instructions for filing and paying fees
- How to serve your spouse
- What to expect at the hearing
It’s also important that you understand how central accurate documentation is to the process. That’s particularly true when it comes to finances (including things like assets, retirement accounts, and much more). To learn more about financial disclosures, which are often tied to temporary support orders, read our breakdown of Rule 401 and 410 financial disclosure requirements.
Of course, spouses sometimes don’t want to play by the rules. If your spouse is refusing to engage in the process, see our article on what to do if your spouse won’t sign divorce papers.
Move Forward with Your Life
Divorce is never a pleasant situation, but it doesn’t have to be an insurmountable challenge. Temporary orders help stabilize the divorce process and set the groundwork for what will come after the ruling. However, it’s important that you work with an experienced attorney throughout the process so you can avoid missteps and mistakes. To speak with a knowledgeable family law attorney about temporary orders or your larger divorce strategy, reach out to Attorney Michelle Murray today.