What are temporary orders in a Wyoming divorce?

Temporary orders in Wyoming are court-issued directives that address critical issues while your divorce is pending. Since divorce can take months or even over a year to finalize, temporary orders provide structure, protect both parties, and ensure the well-being of children during the process.

What Temporary Orders Cover

Temporary Child Custody and Visitation

Courts can establish a temporary custody schedule that specifies where children will live and how parenting time will be divided during the divorce. These orders help maintain stability and routine for children during an uncertain time. The temporary schedule often serves as the basis for the final custody arrangement, so it is important to request a schedule that reflects your desired long-term outcome.

Temporary Child Support

A temporary child support order ensures that children's financial needs are met during the divorce process. Wyoming courts use state guidelines to calculate temporary support based on both parents' incomes, the number of children, and the temporary custody arrangement.

Temporary Spousal Support

If one spouse is financially dependent on the other, the court may order temporary spousal support (also called pendente lite support) to maintain a reasonable standard of living during the proceedings. This is especially common in long-term marriages where one spouse has been out of the workforce.

Exclusive Use of the Marital Home

The court may grant one spouse temporary exclusive use of the marital home, particularly if children are involved and need stability. This does not affect ownership -- it simply determines who lives in the home while the divorce is pending.

Asset Protection Orders

Courts may issue orders preventing either spouse from selling, transferring, hiding, or dissipating marital assets. These orders freeze the financial status quo and ensure that both parties have a fair share of assets when the final division occurs. Violating these orders can result in contempt of court and sanctions.

Insurance and Benefits

Temporary orders may require both parties to maintain existing health insurance, life insurance, and other benefits during the divorce process. Dropping coverage or changing beneficiaries before the divorce is finalized can be prohibited.

How to Request Temporary Orders in Wyoming

Either spouse can file a motion for temporary orders at any time after the divorce petition is filed. The process typically involves:

1. Filing a written motion with the court explaining what orders you are requesting and why
2. Serving the motion on your spouse
3. Attending a hearing where both sides present their arguments
4. Receiving the judge's decision, which takes effect immediately

In emergency situations involving domestic violence or the threat of asset dissipation, Wyoming courts may issue emergency temporary orders (ex parte orders) without a full hearing, with a follow-up hearing scheduled within days.

Duration and Modification

Temporary orders remain in effect until the final divorce decree is signed or until the court modifies them. If circumstances change significantly during the divorce process (such as a job loss or a safety concern), either party can request a modification of existing temporary orders.

How Temporary Orders Affect the Final Outcome

While temporary orders are technically separate from the final divorce decree, they often influence the final outcome. For example, if a temporary custody schedule has been in place for several months and the children have adjusted well, a judge may see little reason to change it in the final order. Similarly, temporary support amounts sometimes become the baseline for permanent support calculations. For this reason, it is important to take temporary orders seriously and request arrangements that reflect your desired long-term goals.

Common Mistakes with Temporary Orders in Wyoming

• Not requesting them: Many people do not realize they can request temporary orders and instead try to manage everything informally. Without court-ordered protections, you have limited legal recourse if your spouse stops paying bills, hides assets, or interferes with your parenting time.
• Agreeing to unfavorable terms: Because temporary orders often influence final outcomes, agreeing to unfavorable terms just to avoid conflict can hurt you in the long run.
• Violating temporary orders: Violating a temporary order -- even one you believe is unfair -- can result in contempt of court, fines, and damage to your credibility with the judge.
• Not modifying when circumstances change: If you lose your job, your income changes, or a safety concern arises, request a modification rather than simply ignoring the existing order.

Working with an Attorney on Temporary Orders

While you can request temporary orders without an attorney, having legal representation significantly increases your chances of getting favorable terms. An attorney can prepare a compelling motion, present evidence effectively at the hearing, and ensure the order protects your interests. Many Wyoming family law attorneys offer limited-scope representation specifically for temporary order hearings, which can be more affordable than full representation.

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This article is for informational purposes only and does not constitute legal advice. Consult a qualified Wyoming attorney for advice specific to your situation.