Temporary Orders in Tacoma and the Rest of Pierce County:
In Washington State, temporary orders in family law cases are typically filed to address urgent matters that need immediate resolution while the proceedings are ongoing. Here’s a general overview of how to file temporary orders:
- Motion for Temporary Orders: Either party can file a motion with the court requesting temporary orders. This motion outlines the specific relief requested, such as temporary child custody, child support, spousal support (maintenance), use of marital property, payment of debts, and other relevant issues. It is important to note that you cannot motion to divide any property for you to keep after the divorce. You can only motion to have use of the property while the divorce is pending. To see how to divide up property, review “The Basics of Property Division in WA” section.
- Complete Required Forms: You’ll need to complete the necessary court forms to motion for temporary orders. These forms may vary depending on the county where you’re filing, but commonly used forms include the Motion for Temporary Family Law Order, a Proposed Parenting Plan, a Proposed Child Support Order and Worksheet, the Declaration in Support of Motion for Temporary Family Law Order. The declaration is key because you want to explain your story for why you want the items listed in your motion. Declarations can be tricky because they need to follow the rules of evidence and they must be relevant. Often we see self-represented parties write declarations that fail to follow evidence rules and are irrelevant. The Court then gives them little to no weight and the self-represented parties’ requests are not ordered.
- Provide Supporting Documentation: Along with the motion, you may need to provide supporting documentation, such as financial statements, pay stubs, tax returns, and any other relevant evidence to support your request for child support and spousal support. For parenting plans, it is important to show the strength and quality of the child’s relationship with each parent, including their emotional bonds and attachments. There are also many other factors you must consider for parenting plans—see our section called “Creating a Parenting Plan and Winning Custody.”
- File with the Court: File the completed motion and supporting documents with the family court in the county where your divorce case is pending. Be sure to pay any required filing fees or request a fee waiver if you qualify based on financial need.
- Serve the Other Party: After filing the motion, you must properly serve the other party (your spouse) with copies of the motion and supporting documents according to the rules of service in Washington State. This ensures that they are notified of the temporary orders being requested and have an opportunity to respond.
- Attend Court Hearing: Once the petition is filed and served, the court will schedule a hearing to consider the request for temporary orders. Both parties will be required to attend the hearing, where they can present their arguments and evidence to the judge. If you are represented by an attorney, you likely will not need to attend the hearing. Talk to your attorney for more information.
- Obtain Court Order: After considering the evidence and arguments presented at the hearing, the judge will issue a court order granting or denying the requested temporary orders. The court order will outline the specific terms and conditions of the temporary orders, including their duration and any other relevant details.
It’s important to note that temporary orders are temporary in nature and are intended to address immediate needs until the final divorce decree is issued. They may be modified or terminated based on changed circumstances or upon resolution of the family law case. If you’re unsure about the process or need legal guidance, it’s advisable to consult with a family law attorney who can assist you with filing temporary orders in your divorce case.
