During your marriage, you and your spouse had a system: shared bills, a shared home, a routine with your children. After your divorce is final, a decree will spell out each party’s rights and obligations. But what happens in the gap between filing for divorce and the day that decree is signed?
Filing for divorce disrupts the status quo. Who pays the mortgage? Who has the children, and when? If a spouse doesn’t have their own income, waiting months for a final decree may not be an option. A Motion for Temporary Relief is designed to bridge that gap.
What Is a Motion for Temporary Relief?
A Motion for Temporary Relief asks the court to make orders on key issues — child custody, parenting time, child support, alimony, property use, and attorney fees — while a Utah divorce (or parentage case) is pending. Once granted, neither spouse has to depend on the goodwill of the other while the case works its way through the court.
A temporary order may:
- Establish or modify a parenting time schedule, including drop-off and pick-up terms
- Establish or modify child support
- Require a parent to provide health insurance and cover medical and dental expenses for the children
- Dictate how parents will communicate about the children
- Establish alimony
- Require one party to pay the other’s attorney fees
- Assign responsibility for certain marital bills or debts
- Grant one party exclusive occupancy of the marital home
- Grant one party use of specific marital property, such as a vehicle
- Prohibit either party from selling, transferring, or wasting marital assets while the divorce is pending
Although it is called “temporary” relief, any order granted remains in effect until the divorce is final or a new order replaces it.
Temporary relief is most often needed in contested cases — if you and your spouse agree on the major terms, learn whether an uncontested divorce might be a faster path.
What Is the Process for Filing a Motion for Temporary Relief?
To seek temporary relief, you must have a pending lawsuit — meaning you must file the motion either alongside your petition for divorce or at some point afterward.
Utah courts have specific requirements before a Motion for Temporary Relief can be heard. In a divorce case, both parties typically must complete divorce orientation and divorce education classes before the court will schedule a hearing. (In a temporary separation or child custody case, only divorce orientation may be required.)
Asking for relief does not guarantee getting it. You will need to provide supporting documentation for your requests. If the motion involves child custody, you must submit a proposed parenting plan. If you are seeking financial support or child support, you will need to file Financial Declarations and a Child Support Worksheet.
Once filed, your spouse must be served with the motion and given the opportunity to respond in writing. If they agree, both parties can sign a stipulation. If not, your spouse may file a Statement Opposing Motion for Temporary Relief, along with their own supporting documents. A hearing will be scheduled before a court commissioner or judge, depending on your judicial district.
Why Getting Temporary Relief Right Matters
Because a temporary order stays in place until the divorce is final — and courts often carry temporary order terms forward into the final decree — it is essential to ask for everything you need from the start. Missing something in the temporary order can mean fighting to add it later.
If you have never filed a motion before, the process can feel overwhelming. An experienced Utah divorce attorney has filed and argued hundreds of these motions. She can help you understand what the court needs to see, gather the right documentation, and make the strongest possible case for the relief you need.
Frequently Asked Questions
Can I file a Motion for Temporary Relief before my divorce is finalized?
Yes. A Motion for Temporary Relief is specifically designed for use during a pending divorce or family law proceeding. It can be filed at the same time as your petition for divorce or at any point afterward.
What issues can a Motion for Temporary Relief cover?
A motion can address child custody and parenting time, child support, alimony, use of the marital home and vehicles, payment of marital debts, attorney fees, and restrictions on disposing of marital assets.
How long does temporary relief last?
A temporary order remains in effect until the divorce decree is signed or until the court enters a new order replacing it.
Do I have to go to court for a Motion for Temporary Relief?
In most cases, yes. If your spouse does not agree to your requests, a hearing will be scheduled. A Utah divorce attorney can represent you at that hearing and present the documentation the court needs.
Will the temporary order affect my final divorce decree?
It can. Courts frequently carry the terms of a temporary order into the final decree, especially regarding custody and support. This is one reason why it is important to get the temporary order right from the beginning.
Contact Ashley Wood Law
If you need immediate relief while your divorce is pending, we can help. Based in Salt Lake City, Ashley Wood Law, P.C. provides knowledgeable, client-focused counsel to individuals navigating divorce and family law matters throughout Utah. Call (801) 459-3499 or contact us online at contact@ashleywoodlaw.com to schedule a consultation with an experienced Utah divorce attorney.