The next document is the Affidavit for Temporary Order, or more formally referred to as the Affidavit to Show Cause and Request for Hearing for Temporary Order with Minor Children. An affidavit is a written statement of facts that is sworn to be true by the person making it, known as the affiant. This document is used to present evidence to the court.
In our state, there is a mandatory 120-day waiting period from the time the divorce is filed until it can be granted. This waiting period begins after the Respondent has been served with the divorce papers or has filed a response. That is an important distinction because you could easily think that the counting starts once you file your petition – but it doesn’t. The purpose of this waiting period is to provide both parties with time to consider reconciliation and to ensure that all issues, such as property division, child custody, and support, are adequately addressed.
By filing the Affidavit for Temporary Order, you are asking the court, through a family court commissioner or judge, to set a temporary order as the interim order until the final order, the Finding of Fact, Conclusions of Law, and Judgment of Divorce is executed. Not all divorces are granted right at the conclusion of the 120-day waiting period. It just depends on the parties, the issues, and the complexity of the case.
In our case, the Respondent’s Acknowledgement of Service, which I will explain in a later post, was filed on April 4; our final divorce hearing was on August 23, which coincidentally would have been the 11th wedding anniversary of our church wedding. We were legally married in a civil service in July but I preferred to use the date of the religious ceremony. We actually got married twice – civil and religious.
But I digress. The time from his acknowledgment of service and our final divorce hearing was 142 days, which was amazing considering all the back and forth that happened. But I’ll get into the negotiation aspect in a much later post. The point that I am trying to make is that it is helpful to have an interim order in place during that waiting period, or in my case, the 142 days.
The Affidavit for Temporary Order sets “the facts” for the courts to create a temporary order. The facts are used to help determine who has custody of the minor children, what the placement schedule will be between the two parties, child support, maintenance, who will use the marital residence, and who will be responsible for what financial obligations. You can also ask for the immediate appointment of a guardian ad litem (GAL) if you think one will be needed.
Similar to the Petition, there is also the caveat of “Any other relief the court believes appropriate” just in case you forget something or there are difficulties between the time of the filing and the temporary hearing.
It is important to remember that this is a request to set temporary orders based on the facts of the case. All too often, parties become dependent on the temporary orders, and then can struggle with the transition to permanent orders. But I can explain that more when I discuss temporary orders in more detail. Right now, the focus is just on the paperwork necessary to even request them.
Like the Petition, this form is also a legal document, executed with a notary or other appropriate official. While there can be specific “facts,” there’s usually just a standardized list of things you want the court to consider and settle during the waiting period. However, there are exceptions.
While our case used the standard list, I know of a case where the Petitioner wanted to protect the sole minor child of the marriage because of other external issues. In that case, the Petition specifically asked for things like supervised visits, the immediate appointment of a GAL, and specific protective measures for the minor child.
And finally, just a reminder that I am not a lawyer and nothing included in my post constitutes legal advice; I’m merely sharing what I did in an effort make sure you are informed of the perils of pro se litigation.
Meadows Cozy Corner 
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