Temporary orders set the rules while a divorce is pending: who the children live with and the parenting schedule, temporary child support and spousal support, who stays in the house, and who pays which bills. They last until the final decree or until the court changes them. In Kentucky, a spouse asks for temporary orders by motion. In Tennessee, certain protections take effect automatically when the divorce is filed, and either spouse can also ask the court for temporary orders. Temporary orders matter because they often shape the final outcome.
What can temporary orders cover?
- Temporary custody and parenting schedule: where the children live and when each parent has them
- Temporary child support, calculated under the state's guidelines
- Temporary spousal support: maintenance in Kentucky, alimony in Tennessee
- Use of the home: which spouse stays in the marital residence
- Bills and debts: who pays the mortgage, rent, car payments, insurance, and utilities in the meantime
- Protecting property: orders preventing either spouse from selling, hiding, or wasting assets
- Legal fees: in some cases, one spouse can be ordered to contribute to the other's legal costs
How do temporary orders work in Kentucky?
In Kentucky, either spouse can file a motion for temporary orders once the divorce is filed. Kentucky law allows courts to order temporary child support, temporary maintenance, and temporary custody, and to issue orders restraining a spouse from transferring or hiding property, from harassing the other spouse, or from interfering with the other spouse's use of the home. The court usually decides the motion after a short hearing, based on affidavits, financial information, and testimony.
How do temporary orders work in Tennessee?
Tennessee law includes automatic injunctions that apply to both spouses once the divorce complaint is filed and served. They generally prohibit:
- Transferring, hiding, or wasting marital property outside the ordinary course of life
- Canceling or changing health, life, auto, or homeowners insurance
- Harassing or threatening the other spouse
- Relocating the children out of state or more than 50 miles away without consent or a court order
Beyond the automatic injunctions, either spouse can ask the court for temporary custody, temporary support, use of the home, and other temporary relief.
Why do temporary orders matter so much?
They set the status quo. If the children live mostly with one parent for months under a temporary order, that arrangement can become the court's picture of what is normal and stable for them. The same goes for who stays in the home.
They affect settlement. Temporary support amounts often become the starting point for negotiating final support.
They are hard to undo quickly. A temporary order can usually be changed only by a new motion and hearing.
That is why the first weeks of a divorce are so important, and why it is risky to move out or change the children's routine before temporary orders are in place.
Can spouses agree on temporary orders?
Yes, and many do. An agreed temporary order, signed by both spouses and entered by the court, avoids a contested hearing and gives both sides stability while they work toward a final agreement. It is just as enforceable as an order after a hearing.
What if a spouse violates a temporary order?
Violating a temporary order can lead to contempt of court, including fines, orders to pay the other spouse's legal fees, and in serious cases jail. It also damages the violating spouse's credibility with the judge for the rest of the case.
Can temporary orders be changed?
Yes. Either spouse can file a motion to modify a temporary order if circumstances change, such as a job loss, a schedule change, or a problem with the parenting arrangement. The final decree replaces all temporary orders.
What should you do first?
- Do not move out or change the children's routine without talking to a lawyer.
- Gather financial documents: pay stubs, tax returns, account statements, and monthly bills.
- Write down the current parenting routine, including who handles school, meals, bedtime, and appointments.
- Keep paying household bills as you have been, unless a court orders otherwise.
How Wise & Associates can help
Wise & Associates handles temporary orders from the start of divorce cases in Kentucky from its Louisville office and in Tennessee through Wise Law in Nashville. Fees are staged flat fees, never hourly, with upfront fees from $1,500 to $5,000 depending on the case type and how much litigation is required. See how pricing works, or read the contested divorce timeline.
Consultations are free and by phone. Book a time, then call the office at your scheduled time.
- Louisville, Kentucky: (502) 618-0000. Kentucky divorce
- Nashville, Tennessee: (615) 208-9190. Tennessee divorce
