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How Long Does It Take to Get Temporary Orders In an Arizona Divorce?

Posted On January 14, 2025 In Divorce

When a marriage ends, the transition often begins with one spouse leaving the marital home, creating both emotional and logistical challenges. For many couples—especially those with children—dividing one household into two can feel overwhelming.

Immediate concerns such as losing access to a spouse’s income, disputes over who stays in the marital home, and determining parenting time require prompt attention. These issues cannot wait for the final divorce decree, particularly since Arizona enforces a mandatory 60-day waiting period.

A skilled Chandler divorce lawyer can guide you through this process, helping secure temporary orders that provide a clear framework for addressing financial and personal matters during the divorce. These orders ensure stability for you and your family as you navigate this challenging time.

What Are Temporary Orders During a Divorce In Arizona?

Temporary orders play a critical role during the divorce process in Arizona. While permanent orders—signed by a judge at the end of the divorce—establish long-term arrangements for marital asset division, child custody, child support, and spousal maintenance, many of these issues cannot wait until the divorce is finalized.

Given that even the simplest divorces in Arizona take at least 60 days—and often much longer—temporary orders help provide structure and stability in the interim. These orders:

  • Establish guidelines for how spouses manage marital finances.
  • Create ground rules for parenting time and child custody arrangements.
  • Ensure necessary financial support, including temporary child support or spousal maintenance (if applicable).

Temporary orders are binding and enforceable throughout the divorce process. They remain in effect until the judge issues final orders, which may differ depending on the outcome of negotiations or divorce litigation.

Filing for Temporary Orders During an Arizona Divorce

A spouse can file a motion for temporary orders in Arizona at the same time they file a divorce petition. Alternatively, the respondent may file for temporary orders as part of their response after receiving the divorce papers. This process also applies to legal separation or annulment cases.

To file a verified motion for temporary orders, the following must be included:

  • Specific relief requested: Clearly outline what you are seeking, such as child support, spousal maintenance, or parenting time arrangements.
  • Legal basis for the order: Provide reasons why the order is necessary.
  • Proof of jurisdiction: Demonstrate that the court has authority over the case, such as evidence that one or both spouses have resided in Arizona for at least 90 days.

When temporary orders involve child custody or child support, additional documents are required:

  • A proposed parenting plan detailing custody and visitation arrangements.
  • A child support worksheet to calculate financial support obligations.

For the court to have jurisdiction over orders involving children:

  • The child must have lived in Arizona for at least six months.
  • If the child is younger than six months, they must have been born and lived in Arizona.

How Long Do I Have to Wait for Temporary Orders to Take Effect In Arizona?

Most requests for temporary orders take 30 to 60 days and require a hearing before the orders take effect. If the situation is an emergency—for instance, if a parent is refusing the other parent contact with their child or one parent believes the other parent is a danger to the child—a Chandler family law lawyer can help file emergency orders, which are much faster, sometimes taking effect as soon as that day or the next business day.