Minnesota Divorce and Family Law

What is a Temporary Order?

When the court issues a divorce decree, the order provides for final relief as to child custody, financial support and property issues.  However, in many cases, it is necessary for the court to make provisions in the interim, while the divorce is pending.    For example, if a divorce begins in March and the final decree is entered in September, the court may need make an order for interim relief to be followed by the parties between March and September.  This is called a temporary order, or order for temporary relief.

If there is a child custody dispute, and a custody evaluation is undertaken, the parents must have a temporary arrangement to abide by in the mean time.   If the marital residence is going to be sold to provide both spouses money needed to buy a new home, the court may need to decide which spouse may reside in the house while it is listed and marketed.  In many cases, the spouses reach agreement on the interim terms, in which case the court issues a stipulated order for temporary relief. 

The temporary order expires when the final decree is issued by the court.  Some of the terms from the temporary order may carry over into the final decree, and others may not. 

How Long Before the Court Order is Issued?

When a family court judge or referee presides over a Minnesota family court hearing, he or she may let the parties and attorneys know the court's decision at the close of the hearing.  More often, however, the court will make known its decision later, after taking the matter under advisement.  When the court takes a matter under advisement, it may be necessary for the court and the court's staff to research a legal issue, dig a little deeper into the file for information on the facts and circumstances, or just plain give the matter some more thought. 

The family courts operate under a general guideline that the court order will be issued within ninety (90) days of the hearing.  That time frame is extended when there are additional submissions after the hearing, such as a legal memorandum, or specific documents that the court has requested.  In those instances, the court must issue the order within 90 days of the final submission.

That said, it is more common for the court to issue an order within one to two weeks for motions involving one or two issues, and several weeks for motions involving several issues and/or complex legal matters. 

Temporary, Emergency Custody Jurisdiction

Typically, parents and children need to be residents of Minnesota for 180 days or six months for the Minnesota courts to have jurisdiction over their family law situation.  However, there are times when it is necessary, and possible, to invoke the jurisdiction of the Minnesota family court without the requisite six-month residence period. 

In child custody cases, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides for temporary, emergency jurisdiction if the child(ren) is (are) presently in the State of Minnesota and are subject to abandonment, mistreatment or abuse (or the threat thereof).   (Minn. Stat. Section 518D.204)

In those cases in which the child(ren) remain in Minnesota as residents for more than six months, the Minnesota family court's temporary jurisdiction may become permanent jurisdiction.  This is most likely to occur if there is no previous court order from another jurisdiction, or if the state where previous court orders were issued is no longer the place of residence of either parent (nor any party to the court action).