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When a marriage is ending, life doesn’t pause while you wait for the final judgment. Bills still arrive. Kids still need schedules. Living arrangements still need sorting. In a San Diego divorce, temporary orders provide structure while larger decisions are pending.
These court-ordered short-term rules often shape daily life for months and can influence long-term outcomes. Knowing how temporary orders work—and how to approach them strategically can help you protect your interests from the very first hearing.
Temporary orders are court rulings that address immediate issues between spouses during a divorce case. They can cover child custody, visitation schedules, child support, spousal support, use of property, and attorney’s fees. In San Diego, a request is made by filing a Request for Order (RFO), usually on Judicial Council Form FL-300.
The primary purpose of temporary orders is to keep daily life as stable as possible for children and to prevent disputes from escalating. They last until they are either modified by the court or replaced by the final divorce judgment.
When a divorce is filed in San Diego, the court can issue different types of temporary orders depending on the issues at stake. Each order serves a specific purpose and follows its own rules.
These orders determine where a child will live and how much time they spend with each parent until the case is resolved. In San Diego, most parents must attend Family Court Services (FCS) mediation before a custody or visitation hearing. The mediator’s report often plays a key role in the judge’s decision.
Child support is generally calculated using California’s statewide guideline formula. This requires filing an Income & Expense Declaration (FL-150) along with proof of income. The court uses this to be sure that the children’s needs are met while the divorce is pending.
Also called pendente lite spousal support, this is based on the spouses’ incomes and the factors listed in California Family Code §4320. It helps the lower-earning spouse cover living expenses during the divorce process.
The court may grant one spouse exclusive use of a home, vehicle, or other property to avoid conflicts. These orders are instated when safety or logistics are a concern.
If one spouse has less access to funds, the court can order the other to contribute toward legal fees under Family Code §§2030–2032. This helps balance resources during litigation.
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Temporary orders and emergency orders are not the same.
Under California Family Code §3064, a court may only grant an emergency custody order if there is a substantial risk that the child will suffer immediate harm or be removed from the state.
Temporary orders follow standard court timelines. Emergency or ex parte orders are issued quickly when there is an urgent risk.
California Rules of Court 5.151 explains that ex parte relief is only allowed when there’s a risk of immediate harm or a need to prevent irreparable damage.
|
Feature |
Temporary Orders |
Emergency (Ex Parte) Orders |
| Purpose | Maintain stability during divorce | Address immediate harm or risk |
| Notice Requirement | Standard notice period | Shortened notice or same-day filing |
| Forms Used | FL-300, FL-150, FL-320 | FL-300 + FL-305 |
| Duration | Until modified or final judgment | Until next scheduled hearing |
| Example | Temporary spousal support | Emergency custody change due to abuse |
Here’s how to begin the process:
1.Complete and file Form FL-300 (Request for Order).
2.Use the court’s Request for Order packet (PKT-015), available online.
3.Pay the filing fee.
4.If custody/visitation is involved, complete FCS mediation before your hearing.
5.Serve the other party with the documents and file proof of service.
Hearings are usually set several weeks out, so allow time to prepare and gather supporting documents.
Strong evidence makes a difference. For support orders, submit recent pay stubs, tax returns, and proof of expenses. For custody, use school attendance records, medical documents, or parenting calendars.
The San Diego Superior Court requires most parents to participate in Family Court Services (FCS) mediation before a custody/visitation hearing. The mediator’s recommendation is often highly influential in the judge’s decision.
Also, remember that Automatic Temporary Restraining Orders (ATROs) under Family Code §2040 take effect when a divorce is filed. These prevent both parties from taking specific actions, such as moving children out of state or selling shared property without consent.
Temporary orders can be updated before the divorce is finalized — but you’ll need to show a material change in circumstances.
Common reasons for modification:
To modify, file updated forms and attach evidence just as you did with the original request.
Temporary orders set short-term rules on custody, support, or property until the divorce is finalized.
They remain in effect until modified or replaced by a final judgment in the divorce.
Although not required, legal guidance helps maintain accurate filings and substantial evidence.
Temporary orders follow normal timelines; emergency orders are granted quickly to prevent immediate harm.
Yes, but you must show a significant change in circumstances.
You can file an enforcement motion; violations may result in sanctions.
Temporary orders aren’t just legal formalities. In many San Diego divorce cases, the initial agreement sets the tone for what comes next, whether it’s parenting time, financial stability, or control over shared property.
Understanding your rights, what to expect from the court, and how to present your case clearly can help you avoid early missteps.
If you’re facing divorce and need clarity on requesting, modifying, or enforcing temporary orders, The Law Offices of Steven M. Bishop offers the focused guidance you need. Every situation is different, and the right strategy starts with a closer look at your circumstances.
Contact our office today to schedule a free consultation and take the first step toward protecting your future.
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