Going through a divorce means facing immediate needs while waiting for your case to finish. You need to pay bills. Your kids need stability. These concerns don't wait for a final decree.
That's where temporary orders come in. In Georgia, divorce cases take anywhere from six months to several years to resolve completely. During this time, temporary orders (also called pendente lite orders) create a framework for handling urgent issues like child custody, support payments, and who stays in the family home.
Understanding how these orders work can help you protect your interests during what is often one of life's most difficult transitions.
Temporary orders are court directives that remain in effect while your divorce is pending. The term "pendente lite" is Latin for "pending the litigation." These orders address immediate needs and maintain the status quo until the court enters a final judgment.
These orders typically cover:
When one party requests for a temporary order, the court evaluates the circumstances and facts to determine what temporary arrangements serve both parties fairly. The orders last until the court’s final divorce decree replaces them with permanent arrangements.
Many people assume temporary orders are just a formality. That's a mistake. These interim decisions often create a practical arrangement that can influence the final outcome of the divorce. Courts generally prefer stability and continuity, especially when children are involved. If a temporary custody arrangement works well for several months, judges are often reluctant to change it without strong reasons.
For instance, if temporary support payments have been made for months, they establish a pattern and expectation. If one spouse has been living in the marital home under a temporary order, they may have a stronger position to keep it in the final settlement.
Consider this: According to the US Census Bureau, there were 13.9 million custodial parents in the United States as of 2022, with 78.2% being mothers and 21.8% being fathers. The arrangements made during divorce proceedings frequently become the template for final custody orders.
Attorney Sharon Jackson, a Super Lawyer recognized among the top 5% of Georgia attorneys, has handled over a thousand family law cases throughout Metro Atlanta. Her experience shows that the temporary hearing is often the most important stage of a divorce case. The outcome of that initial hearing often sets the trajectory for the entire case.
With this real-world knowledge, Attorney Jackson often advises clients to approach temporary hearings with the same seriousness as final trials.
When children are involved, temporary custody becomes the most pressing issue. Georgia courts prioritize the child's best interests when making these decisions.
Under Georgia Code section 19-6-14, judges can award temporary custody pending the final divorce. The court considers factors such as:
The goal is minimizing disruption to the child's life while the divorce proceeds. Courts want children to maintain connections to both parents whenever possible and safe.
Financial support for children cannot wait until the divorce is final. Georgia uses statutory guidelines to calculate temporary child support based on both parents' incomes, the number of children, and specific needs like healthcare and daycare.
The Georgia Child Support Calculator helps determine the presumptive amount. Courts can deviate from these guidelines but must explain their reasoning.
Data shows child support is critical for custodial families. According to the Census Bureau, custodial-parent families have a poverty rate of 20.7%, which is higher than the 11.3% poverty rate among all US families. Temporary support orders help prevent financial hardship during the divorce process.
Not every divorce involves alimony, but when one spouse has significantly less income or earning capacity, temporary support may be appropriate.
According to Georgia Code section 19-6-3, either party in a divorce can petition for temporary alimony and other relief at any time during the proceedings. The law allows courts to grant temporary alimony based on:
Unlike child support, temporary alimony is not calculated by a formula. Judges have broad discretion to determine appropriate amounts based on the specific circumstances.
Who gets to stay in the family home? Who drives which car? How are bank accounts accessed? Temporary orders can address all these questions. Courts aim to prevent waste or hiding of marital assets while establishing clear rules about property use during the divorce.
Common provisions include:
These protective measures ensure both parties can meet their basic needs without depleting marital resources needed for final division.
The process begins when either spouse files a motion for temporary relief. This typically happens after the divorce petition is filed but can occur at various points during the proceedings.
In Georgia, parties can request temporary hearings through a "rule nisi," which is a formal notice requiring the other spouse to argue in court why the requested relief should not be granted. The rule nisi must be served according to Georgia Code section 19-6-28.
Preparation is crucial. The required documents depend on what temporary order you’re requesting, but you'll typically need to provide:
Attorney Sharon Jackson, who holds a 10/10 Superb rating from Avvo, emphasizes that thorough preparation makes the difference between success and disappointment at temporary hearings. Missing documents or incomplete financial disclosures can delay your hearing or result in unfavorable orders.
The timing varies significantly by county. Some Georgia courts schedule temporary hearings within two to three months of filing the divorce petition. Others require mediation first or have longer waiting periods.
At the hearing, both parties present evidence and arguments. Unlike a full trial, temporary hearings are typically shorter and may have simplified rules of evidence. However, the stakes remain high because these decisions shape the coming months and potentially influence the final outcome.
Judges consider the testimony, documents, and arguments before issuing temporary orders. These orders are immediately enforceable and remain in effect until modified by the court or replaced by the final decree.
When custody is at issue, Georgia courts focus on what arrangement serves the child's best interests. This includes:
For support and alimony decisions, courts examine:
Courts generally prefer arrangements that maintain existing patterns and minimize disruption, especially for children. If the children have been living primarily with one parent before the divorce filing, that pattern may continue under temporary orders unless there are safety concerns.
Some divorces involve significant tension, poor communication, or concerns about safety. In these situations, temporary orders may include additional protections:
These provisions aim to reduce conflict and protect vulnerable parties while the divorce proceeds.
Georgia's divorce timeline varies widely. According to the CDC's National Vital Statistics System, Georgia had a divorce rate of 2.2 per 1,000 population in 2023, placing it among states with lower divorce rates. However, the duration of individual cases differs dramatically.
Uncontested divorces where spouses agree on all issues can theoretically conclude in 31 days after service (the mandatory waiting period). In practice, most take 45 days to several months.
Contested divorces where parties disagree on custody, property, or support typically take six months to a year. Complex cases involving significant assets, business valuations, or contentious custody disputes can extend to two or three years.
This means temporary orders may govern your life for months or even years.
Yes. Life doesn't stand still during a divorce. If circumstances change significantly, either party can request modification of temporary orders. Examples include:
The requesting party must demonstrate that a substantial change in circumstances justifies modifying the existing orders. Courts won't modify orders simply because someone is unhappy with them; there must be a legitimate reason based on changed facts.
Many people underestimate the financial documentation required. Incomplete or inaccurate financial affidavits damage credibility and can result in unfavorable orders.
Once temporary orders are in place, you must follow them. Violations can result in contempt proceedings, fines, or worse. If you believe an order is unfair, work with your attorney to seek modification through proper legal channels rather than simply ignoring it.
Moving out of state, changing the children's schools, or incurring significant new debt during divorce can create serious legal problems. Consult with your attorney before making major decisions.
Courts take a dim view of parents who manipulate visitation, withhold information, or badmouth the other parent to children. Such behavior can backfire dramatically during custody determinations.
Dishonesty about finances almost always comes to light during discovery. The consequences include adverse court rulings, sanctions, and destroyed credibility that undermines your entire case.
Navigating temporary orders requires knowledge of Georgia law, local court procedures, and practical strategy. Whether you're dealing with an uncontested divorce or a complex contested case, it’s best to get the guidance and advocacy of a divorce lawyer. Having skilled legal representation for your temporary hearing can make the difference between an outcome you can live with and one that creates hardship for months or years.
Attorney Sharon Jackson brings 20 years of family law experience to clients throughout Metro Atlanta. As a client testified: "Sharon and her staff understood the urgency of my request… I was very pleased with the way she represented me during the four-hour hearing and surprised at her professional tenacity and ability to speak on my behalf throughout the session. I'm definitely pleased with the outcome of my case and would recommend her to anyone needing representation."
Our team at the Sharon Jackson law office uses a meticulous approach for every case we handle. This includes:
With recognition as a Super Lawyer, membership in The National Trial Lawyers Top 100, and a 10/10 Avvo rating, Attorney Sharon Jackson combines legal knowledge with compassionate client service. Our firm serves clients in Gwinnett, Barrow, Cobb, DeKalb, Forsyth, Hall, Fulton, Jackson, Rockdale, Walton, and surrounding counties.
Temporary orders set the tone for your entire divorce case. Don't approach this critical stage without proper legal guidance.
Attorney Sharon Jackson and her experienced team understand Georgia family law and know how to protect your interests during divorce proceedings. From temporary custody and support orders to final divorce settlements, we provide the knowledge and advocacy you need.
Call (678) 909-4100 today to schedule a consultation with a top-rated divorce attorney in Georgia. Learn how Attorney Sharon Jackson can help you navigate temporary orders and work toward a favorable resolution in your divorce case.
Your future is too important to leave to chance. Get the legal help you deserve.
Attorney Sharon Jackson LLC
175 Langley Drive, Suite A1
Lawrenceville, GA 30046
Phone: (678) 909-4100
