How Do You Get Temporary Orders in a California Divorce?
Quick Answer: In California you get temporary orders by filing a Request for Order, Form FL-300, and serving it on the other party. The court can order temporary custody, parenting time, child support, spousal support, attorney's fees, and control of property while your case is pending. These orders last until the judgment or a further order, and they often set the status quo for the whole case.
A divorce can take many months, and a contested one can run more than a year. Temporary orders are how you get stability in the meantime, deciding who the children live with, who pays support, and who covers the bills before the case is finished. Because they set the baseline everything else is measured against, the first request matters more than most people expect. Call The Geller Firm at (415) 840 0570 to speak directly with Attorney Michael Geller.
What Is a Temporary Order?
A temporary order, also called a pendente lite order, is an order the court makes while your case is still open. Pendente lite is Latin for pending the litigation. These orders govern the stretch between the day you file and the day the court enters a final judgment. They exist to keep the family stable and functioning during the case. They are not the final word, and the judgment can land somewhere different, but because they set the status quo for months, they carry real practical weight.
What Is a Request for Order?
The Request for Order, Form FL-300, is the document you file to ask the court for almost any order in a family law case. It replaced the older Order to Show Cause and Notice of Motion, so today a single form covers most requests. In plain terms, a Request for Order is a motion. It asks a judge to decide a specific issue and sets a hearing date for that decision. You file the FL-300, the clerk assigns a hearing date, and you serve the filed papers on the other party.
What Can Temporary Orders Cover?
A Request for Order can ask for almost any interim relief you need while the case is pending, including:
• Child custody and parenting time, with a temporary schedule set under the best interest of the child standard we cover in our post on Family Code section 3011.
• Child support, so the children are provided for during the case.
• Spousal support, which the court can order under Family Code section 3600 based on the supported spouse's need and the other spouse's ability to pay.
• Attorney's fees and costs, so both sides can litigate on a level field, a topic we cover in our post on need based fees under section 2030.
• Use and control of property, including who stays in the home and who pays which bills until the judgment.
How Do You Request a Temporary Order?
You complete the FL-300 and attach a declaration laying out the facts that support your request, capped at ten pages unless the court gives permission for more. If your request involves money, you also attach a current Income and Expense Declaration, Form FL-150, showing your full financial picture. You file with the clerk, who assigns the date, time, and department, and then you serve the other party along with a blank Responsive Declaration, Form FL-320, so they can respond.
How Much Notice Does the Other Side Get?
As a general rule, the moving papers must be served at least 16 court days before the hearing, the same notice that applies to motions under the Code of Civil Procedure. The responding party must then file and serve their Responsive Declaration at least nine court days before the hearing. Court days exclude weekends and holidays, and serving by mail adds extra days. The court can shorten these timelines for good cause when a matter is urgent.
What Happens at the Hearing, and What If You Cannot Wait?
At the hearing the judge reviews both sides' declarations, hears brief argument, and makes the temporary order, which is written up as a Findings and Order After Hearing, Form FL-340. That document becomes the enforceable order, and we explain it in our post on findings and orders after hearing. When there is a genuine emergency, an immediate risk to a child, to safety, or to assets, you can ask for temporary emergency orders, often called ex parte orders, on far shorter notice. The bar is high, and we walk through that process in our post on ex parte hearings.
Why the First Request Sets the Tone
Temporary orders establish the status quo, and the status quo has gravity. A parenting schedule that runs for several months is hard to dislodge, and a support figure both households adapt to becomes the reference point for settlement. Temporary support also uses a need and ability analysis, while final spousal support is decided under the broader section 4320 factors, so the numbers can differ. Getting the first Request for Order right is far easier than undoing a bad one later, which is why it rewards preparation and a firm command of the numbers.
Frequently Asked Questions
What forms do I need to file a Request for Order?
The core form is the FL-300. If your request involves support or fees, add a current Income and Expense Declaration, FL-150, and serve the other party with a blank Responsive Declaration, FL-320.
How long does it take to get a hearing?
It varies by county and calendar, often several weeks to a couple of months. A true emergency can be heard far faster through the ex parte process.
Can temporary orders be changed?
Yes. If circumstances change while the case is pending, either party can file a new Request for Order to modify the existing temporary orders.
Do temporary orders decide the final outcome?
No, but they carry weight. The status quo they create influences settlement and the judgment, so they are not a formality.
Speak With a California Family Law Attorney
Temporary orders set the financial and parenting status quo for the rest of your case, so the first Request for Order is worth getting right. The Geller Firm helps clients across the Bay Area build and present that request from a position of strength. You will speak directly with Attorney Michael Geller, in person or virtually. Call (415) 840 0570 or reach us through gellerfirm.com to schedule a confidential consultation.