fbpx
Temporary Orders in Oklahoma Divorce & Custody Cases

Temporary Orders in Oklahoma Divorce & Custody Cases: What They Are, How They Work, and How We Can Help

When a divorce or custody case starts, you can’t wait months for final orders to decide where the kids will live, who pays what bills, or who stays in the home. That’s where temporary orders come in. Temporary orders set the ground rules while your case is pending—and they often shape the final outcome. This guide explains how temporary orders work in Oklahoma and how our firm positions you to succeed from day one.

 

Table of Contents

Table of Contents ………………………………………………………………………………………….………..1

What is a Temporary Order? ………………………………………………………………….…………1

What Can a Temporary Order Cover?  ……………………………………………………..2

How Do You Request a Temporary Order?  ………………………………..…………..2

Shared Parenting at the Temporary Stage  ……………………………………………2

Court-Ordered Education Program …………………………………………………………… 3

What to Expect at a Temporary Order Hearing …………………………………….3

How to Strengthen Your Temporary Orders Case ……………………………….3

Common Mistakes to Avoid ………………………………………………………………………………3

Why Chose Our Oklahoma City Family Law Firm …………………………………4

FAQs ……………………………………………………………………………………………………………………….………4

 

What Is a Temporary Order?

A temporary order is a court order that governs life while your case is pending. It doesn’t decide the case forever, but it does set immediate rules for parenting time, support, bills, use of property, and behavior between the parties. In practical terms, temporary orders can stabilize your finances, protect your children, and lower conflict while you work toward settlement or trial. 

 

What Can a Temporary Order Cover?

Under 43 O.S. §110 (“Grounds for Relief”), Oklahoma district courts can enter temporary orders addressing any or all of the following:

      • Child custody, support, and visitation
      • Spousal support (alimony pendente lite)
      • Payment of debts
      • Possession of property (who uses the home or vehicle, for example)
      • Attorney’s fees
      • Restraining orders regarding marital property, including notice before any extraordinary expenditures
      • Orders prohibiting harassment or disturbing the peace of the other party or a child
      • Excluding a party from the marital residence or the other party’s residence
      • Injunctions preventing removal of a child from the Court’s jurisdiction
      • Any other appropriate injunctive relief .

How Do You Request a Temporary Order?

You must file an application that sets out specific facts supporting the relief you want. The statute is clear: general requests for relief based solely on the filing of a divorce or legal separation case do not satisfy the statutory requirements. See 43 O.S. §110(B)(1).


What that means in real life: “Please give me custody, support, and the house” is not enough. You need concrete facts—who’s been the primary caregiver, work schedules, school/daycare logistics, current debt payments, bank statements, health insurance costs, examples of harassment, or any risk to the child. The more focused and documented your application, the more likely you are to get targeted, effective relief.

 

Shared Parenting at the Temporary Stage

Oklahoma policy favors children maintaining frequent and continuing contact with both parents when safe and workable. 43 O.S. §110.1 states that, if requested by a parent, the court may provide substantially equal access to both parents at a temporary order hearing, provided that the parents agree to cooperate and that domestic violence, stalking, or harassing behaviors as defined in §109 are not present—unless the court finds that such shared parenting would be detrimental to the child.


Important contrast: At the final decree stage, 43 O.S. §112(C)(2) states there is no legal preference or presumption for or against any particular custodial arrangement. At the temporary stage, the statute specifically authorizes substantially equal access when requested and appropriate.

 

Court-Ordered Education Programs

The court is authorized to require adult parties to attend educational programs regarding parenting, co-parenting, visitation, financial responsibility, and related matters. See 43 O.S. §107.2(A)-(B). Many judicial districts have local rules specifying which programs are approved, and some courts automatically include attendance in the temporary order. 

 

What to Expect at a Temporary Order Hearing

      • Short, focused presentation: Temporary hearings are often brief. Judges expect you to get to the point with key facts and documents.
      • Affidavits and exhibits: Sworn statements, pay stubs, school schedules, medical records, messages, and police reports (when relevant) can be considered—local practices vary.
      • Safety issues addressed first: If there are concerns about violence, harassment, or child safety, the court will typically handle those urgently.
      • Status quo vs. practicality: Courts often balance maintaining stability with implementing a workable parenting plan and fair, temporary financial orders.
      • Enforcement & modifications: Temporary orders are court orders—violations can lead to enforcement. If circumstances change materially, you can seek a modification before final trial.

How to Strengthen Your Temporary Orders Case

      • Lead with facts, not feelings. Tie every request to specific, verifiable facts (43 O.S. §110(B)(1)).
      • Bring the paper. Income proof, budgets, childcare costs, insurance premiums, mortgage/car payments, calendars, and message screenshots matter.
      •  Focus on the children. Center on stability, routines, school/daycare logistics, health/therapy, and each parent’s ability to meet needs—now and in the future.
      • Address safety head-on. If there’s violence or harassment, present evidence and request appropriate restraints or supervised exchanges.
      • Be practical. Offer schedules that match work hours, commute times, and the child’s activities. Courts reward realistic planning.
      • Propose a clear order. Judges appreciate a well-drafted proposed temporary order they can sign with minimal edits.

Common Mistakes to Avoid

      • Filing a vague application: The statute requires a factual basis. Generic requests risk denial or weak relief.
      • Overreaching: Asking for sole custody, the house, and maximum support without evidence may undermine credibility.
      • Ignoring safety language: If there are concerns, request tailored restraints (no harassment, no removal of the child from jurisdiction, notice before large expenditures, etc.).
      • Forgetting the finances: Courts need real numbers to set fair temporary child support or spousal support.
      • Assuming “temporary” doesn’t matter: Temporary orders can influence the final outcome—take them seriously.

Why Choose Our Oklahoma City Family Law Firm

      • We appear in Oklahoma District Courts throughout the state every week on divorce, custody, and support matters. Our team:
      • Builds fact-driven applications that meet 43 O.S. §110(B)(1) requirements.
      • Develops evidence packets that make it easy for judges to rule in your favor.
      • Crafts clean, enforceable proposed orders—including shared parenting provisions under §110.1 when appropriate.
      • Protects you with the right injunctive and restraining language to prevent harassment, financial gamesmanship, or removal of a child.
      • Keeps your case moving, whether you’re aiming for early settlement or preparing for trial.

FAQs

Are temporary orders the same as protective orders? 
 No. Temporary orders are part of a family law case (divorce, paternity, legal separation). A protective order is a separate civil action with a different procedure, requirements, and goal. Temporary orders can include non-harassment provisions and safety-focused restraints under §110.

 

Can I get 50/50 time right away? 
Possibly. If requested by a parent, courts may grant substantially equal access at the temporary hearing if parents can cooperate and there’s no domestic violence/stalking/harassment (43 O.S. §110.1)—unless the court finds it would be detrimental.

 

Do temporary orders affect the final decree? 
They’re not permanent, but judges often consider how well temporary orders worked. Solid temporary arrangements can become the blueprint for final orders.

 

What if my ex won’t follow the temporary order? 
You can file for enforcement or contempt. Document violations carefully and consult your attorney about remedies.

 

Legal References

      • 43 O.S. §110 & §110.1 (grounds for temporary relief; shared parenting at the temporary stage)
      • 43 O.S. §112(C)(2) (no presumption for or against any particular custodial arrangement in the final decree)
      • 43 O.S. §107.2(A)-(B) (court-authorized education programs; local rules)

Talk With an Attorney

If you’re facing a divorce or custody case in Oklahoma County, Cleveland County, Canadian County, or nearby, we can help you secure effective temporary orders quickly. Call Holcomb Legal to schedule a confidential consult.

Leave a Reply