The Arizona Temporary Orders form is a legal document used to request temporary decisions from the court regarding important matters such as child custody, support payments, and other urgent issues while a case is pending. These orders are not permanent and are designed to address immediate needs until a final judgment is made. If you find yourself in a situation where temporary orders are necessary, consider filling out the form by clicking the button below.
The Arizona Temporary Orders form serves as a crucial tool for individuals navigating family law matters in Pima County. These forms are designed to facilitate temporary decisions regarding legal decision-making, parenting time, and financial support while a case is pending. It is important to note that these orders are not permanent; they are interim measures that may differ from the final outcomes of a case. Both petitioners and respondents have the right to request these temporary orders, but this can only be done if a petition has been filed in Pima County Superior Court. The necessity for temporary orders often arises when individuals face urgent situations, such as needing financial support or requiring immediate decisions about child custody. The process for requesting these orders involves completing specific forms, filing them with the court, and ensuring that the other party is properly notified. Timeliness is key, as the sooner a request is filed, the quicker immediate concerns can be addressed. A hearing will be scheduled to allow both parties to present their cases, leading to a judicial decision that can significantly impact the interim period until the final decree is issued.
TEMPORARY ORDERS
PRE-JUDGMENT or -DECREE
Packet # 13A
These forms must not be used to engage in the unauthorized practice of law. The court is not responsible for (1) actions taken by the users of these forms or
(2)users’ reliance upon the instructions or information provided.
GENERAL INFORMATION &
Frequently Asked Questions
What are Temporary Orders?
They are temporary decisions by the court. For example, they may include temporary decisions on legal decision-making and parenting time of minor child(ren) or support payments.
The important thing is that these are TEMPORARY.
These temporary decisions made by the court may or may not be the same as the decisions made in the final decree or judgment.
Who can ask for Temporary Orders?
Either the Petitioner or the Respondent can request Temporary Orders.
You can only ask for temporary orders if you or the other party has filed a Petition in Pima County Superior Court. The petition can be for dissolution, paternity judgment, legal decision- making, parenting time, or support.
If there are ongoing proceedings in another court, you cannot file for temporary orders in Pima County.
Why might I need Temporary Orders?
It can take a long time from the start of your case to the time it is finalized. While you are waiting, temporary orders may be necessary to make sure that you and the other party does or does not do certain things.
You may want to ask for temporary orders if:
You need financial assistance for yourself or your child(ren) while the case is pending
The other party will not leave the family residence and you cannot live together
You need decisions about parenting time or legal decision-making
When can I ask for Temporary Orders?
You may file your request at the same time as you file your Petition or Response. The sooner you file, the sooner immediate issues—like having the other party leave the family home or getting financial assistance—can be addressed. Just remember, you can only request temporary orders in Pima County if a petition has been filed in Pima County.
If you are the petitioner, another good time to request temporary orders is when the other party
files a Response. This means the other party disagrees with some or all of what you asked for in your petition. It also means that the case may take longer to finalize. Temporary orders may make the other party more willing to settle because he or she may be ordered to make temporary payments that might not be included in the final decree or judgment.
Do I need a lawyer’s help?
There are times when more complex legal problems will come up, and you may want to get the advice of a lawyer. There are lawyers who will help you help yourself. This means that they will only charge you for giving you the help that you need: you can complete the court forms on your own or ask the lawyer for help.
For more information, call the Self-Service Center at (520) 724-8456.
This symbol is a warning. It can mean a few different things:
The topic can be confusing and you may need to ask a lawyer for help
You may need to make sure that something is done
Whenever you see this symbol, MAKE SURE you read the information carefully
and understand it fully.
How do I request Temporary Orders?
Step 1: Follow the instructions in this packet to fill out the necessary forms.
Step 2: Make 3 copies of:
OVerified Motion for Temporary Orders – required for all requests
ORequest for Temporary Orders Hearing Date – required for all requests
OOrder to Appear RE: Temporary Orders – required for all requests
ORelevant financial affidavit –
Spousal maintenance or attorney’s fees? Complete the Financial Affidavit.
Child support only? Complete the Child Support Financial Affidavit.
OParent’s Worksheet for Child Support Amount – if you are asking for temporary child support. See Packet # 8, Child Support.
Step 3: File the papers with the court. Take all of the copies to the clerk of the court, located on the first floor of the Superior Court Building [110 West Congress, Tucson, AZ 85701. Open 8 am to 9 pm, Monday through Friday, except legal holidays]. Arrive at the court at least an hour before it closes. Tell the clerk that you want to file temporary orders paperwork and schedule a
hearing. The clerk will take your original forms and one set of copies and will stamp your original Verified Motion Re: Temporary Orders and financial affidavit.
If you would like the paperwork returned to you by mail after the judge reviews your forms, provide a self-addressed, postage-paid envelope to the clerk. Otherwise you can pick the paperwork up later.
What do I do now?
After you file your request for temporary orders, a judge will review the forms, schedule a hearing, and issue an Order to Appear. If the situation is not an emergency (as specified on the Verified Motion) the court will schedule your hearing at the earliest available date, which may be in 4 to 6 weeks.
Approximately 10 days after you file, if a judge has signed your Order to Appear Re: Temporary Orders, you can pick up the forms at Superior Court, or the clerk of the court will mail the paperwork to you in the envelope you provided at the time you filed.
Do I need to let the other party know I requested Temporary Orders?
YES! You are responsible for making sure the other party receives copies of all your paperwork you file. This is called “service” and helps assure that the other party knows what is going on with the case. The court usually requires that you serve the other party at least 10 days before a scheduled hearing.
For proper service include:
1 copy of the Verified Motion for Temporary Orders
1 copy of the Order to Appear Re: Temporary Orders, signed by the judge
1 copy of your completed financial affidavit
Spousal maintenance or attorney’s fees? Complete the Financial Affidavit.
Child support only? Complete the Child Support Financial Affidavit.
1 copy of all financial forms listed on the relevant financial affidavit
DO NOT file these documents.
1 blank copy of the financial affidavit(s), for the other party to complete
1 copy of the ARIZONA SUPERIOR COURT, PIMA COUNTY LOCAL RULE 8.5, included in this packet
For Petitioners: If you file your temporary orders request at the same time as you file your Petition, the request can be served along with your other Petition forms once you get the judge- signed Order to Appear. For more information, see Packet # 10, Service on the Other Party.
If you properly serve the other party but you file the Affidavit of Service before the hearing on temporary orders, bring a copy of the affidavit to the hearing.
If the other party has already filed a Response, you can mail the documents that must be served to the mailing address the other party used in the Response.
For Respondents: If the other party has filed a Petition, you can mail the documents that must be served to the mailing address used on the Petition.
What should I expect at my hearing?
At the hearing you and the other party will tell the court why temporary orders should or should not be granted. The hearing is generally short, lasting 30 minutes to an hour. If it needs to go longer the judge may continue it to a later date. After the hearing the judge will make a decision—either right then from the bench and tell you about it or by sending you a written
decision later.
Instructions for Completing
Verified Motion for Temporary
Orders, Pre-Judgment/Decree
This form is required for all Temporary Order requests.
The Caption
OPersonal information – Fill in your name, street address, city, state, ZIP code, telephone number.
OCase No. – Enter your Superior Court Number, as found on the Petition. If you are filing Temporary Orders and your Petition on the same day, ask the clerk of the court for your Superior Court Number.
OPetitioner – Enter the Petitioner’s name.
ORespondent – Enter the Respondent’s name.
VERIFIED MOTION FOR TEMPORARY ORDERS
Tell the court what sort of temporary orders you want.
OCheck all boxes that apply
REQUIRED INFORMATION FROM ME, UNDER OATH: 1. Petition
OEnter the date the Petition was filed
2.No other orders
OCheck this box to assure the court that you do not know of any ongoing proceedings concerning this case happening outside Pima County. If this is not true, do not continue.
3.Minor Children
OWrite the name, date of birth, address, and county of residence of all minor children affected by this case.
THIS IS WHAT I WANT THE COURT TO ORDER
4. Legal Decision-Making for the minor child(ren) in common
OCheck if you want temporary orders concerning legal decision-making and you already
checked the “legal decision-making and parenting time” box at the top of the Verified Motion.
Check to request
OSole legal decision-making
OJoint legal decision-making
For more information, see Packet # 9, Parenting Plans.
5. Parenting Time for the minor child(ren) in common
OCheck if you want temporary orders concerning parenting time and you already checked the “legal decision-making and parenting time” box at the top of the Verified Motion.
OAttach a completed Parenting Plan. See Packet # 9.
6.Child Support for the minor child(ren) in common
OCheck if you want temporary orders concerning child support and you already checked the “child support” box at the top of the Verified Motion.
OAttach a completed Parent’s Worksheet for Child Support Amount. See Packet # 8, Child Support.
7.Spousal Maintenance
OCheck if you want temporary orders concerning spousal maintenance and you already checked the “spousal maintenance (alimony)” box at the top of the Verified Motion.
OAttach a completed Financial Affidavit, included in this packet.
By checking the box and attaching the affidavit you are telling the court that you currently lack sufficient property or income to provide for your reasonable needs and that the other party is employed or employable and financially capable of providing temporary spousal maintenance to you.
OWrite on the line the amount of temporary monthly spousal maintenance you are requesting.
8.Medical Insurance and/or Costs
OCheck if you want temporary orders concerning who will pay for you and the minor children’s temporary medical, dental, and health insurance, or for the out-of-pocket temporary medical, dental, and health expenses reasonably incurred by you and the
minor children.
9 a-b. Property
OCheck if you want orders concerning a temporary division of property and you already checked the “property and/or debt” box at the top of the Verified Motion.
OList the property that should be temporarily given to you.
OList the property that should be temporarily given to the other party.
10 a-b. Debts
OCheck if you want orders concerning the temporary assignment of debt and you already checked the “property and/or debt” box at the top of the Verified Motion.
OWrite the debts, amounts, and creditors that you will pay.
OWrite the debts, amounts, and creditors that the other party will pay.
11.Other Reasons and/or Other Requests
OCheck the box if you have any other reasons for temporary orders or any additional temporary order requests and you already checked the “other” box at the top of the
Verified Motion.
ODescribe the reason(s) and request(s) on the lines.
OATH AND VERIFICATION
ODO NOT SIGN the form except in front of a notary. When you file the papers with the court, sign the form in front of the clerk. The clerk will notarize your signature for free. You must bring a valid, government-issued picture ID (such as a driver’s license) so the clerk knows whose signature is being verified.
OYou can write your name on the first line and check whether you are “Petitioner” or “Respondent,” but do not sign.
Name: ___________________________________
Address: _________________________________
City, State, ZIP: ____________________________
Daytime Telephone No: ______________________
Representing Self, Without a Lawyer
ARIZONA SUPERIOR COURT, PIMA COUNTY
Case No._______________
_____________________________________
Petitioner
VERIFIED MOTION FOR
TEMPORARY ORDERS [PRE]
v.
(Check all that apply)
For Legal Decision-Making and
Parenting Time
For Child Support
______________________________________
For Spousal Maintenance (alimony)
Respondent
For Property and/or Debt
Other
REQUIRED INFORMATION FROM ME, UNDER OATH, CHECK ALL THAT APPLY:
1.Information about the Petition for Dissolution (divorce) or Petition for Paternity with Legal Decision-Making, Parenting Time, and Child Support. (NOTE: You cannot request a temporary or a temporary/emergency order unless you or the other party has completed and filed a Petition for Dissolution of Marriage or a Petition for Paternity with Legal Decision-Making, Parenting Time, and Child Support.)
Date petition was filed: ________________________________
The allegations of the Petition for Dissolution or the Petition for Paternity with Legal Decision- Making, Parenting Time, and Child Support are incorporated herein by reference.
2.(You must check here, and this must be true) To the best of my knowledge, no temporary orders regarding these matters have been entered in any other court, and no court proceedings are pending for temporary orders.
3.The minor children affected by this Petition, if any, are:
(include an additional page, if necessary)
Name __________________________
Name ___________________________
Date of Birth _____________________
Date of Birth ______________________
Address _________________________
Address __________________________
________________________________
_________________________________
County of residence _______________
County of residence ________________
THIS IS WHAT I WANT THE COURT TO ORDER:
4. LEGAL DECISION-MAKING FOR THE MINOR CHILD(REN) IN COMMON:
I am the fit and proper person to be awarded temporary sole legal decision- making of the minor child(ren) and such legal decision-making is in the best interests of the child(ren).
I believe that both parents are fit and proper persons to be awarded temporary joint legal decision-making for the minor child(ren) and such legal decision-making is in the best interest of the child(ren).
5. PARENTING TIME FOR THE MINOR CHILD(REN) IN COMMON:
Each party should be granted reasonable temporary parenting time as described in the attached Parenting Plan.
6. CHILD SUPPORT FOR THE MINOR CHILD(REN) IN COMMON:
An order requiring the opposing party to pay to me a reasonable sum for temporary
child support as determined by the Arizona Child Support Guidelines, according to the Parent’s Worksheet for Child Support that is attached.
7.SPOUSAL MAINTENANCE:
a.Attached is a Financial Affidavit showing that I currently lack sufficient property or income to provide for my reasonable needs.
b.The other party is employed or employable and is financially capable of providing temporary spousal maintenance to me.
c.An order requiring temporary spousal maintenance in the amount of $ ________
per month.
8.MEDICAL INSURANCE AND/OR COSTS:
An order requiring a party to provide temporary medical, dental, and health insurance for my benefit and for the children, and how the uncovered medical, dental, and health expenses incurred will be paid.
9.PROPERTY: (include an additional page, if necessary)
a.To me: __________________________________________________________
________________________________________________________________
b.To the other party:_________________________________________________
10.DEBTS: (include an additional page, if necessary)
a.I Should Pay:
DEBTAMOUNTCREDITOR
__________________ _________________ _________________
Filling out the Arizona Temporary Orders form is an essential step in seeking temporary relief during ongoing legal proceedings. Once you have completed the form, you will submit it to the court and await a hearing date. This process ensures that immediate issues are addressed while your case is pending.
After submitting your forms, a judge will review them and set a hearing date. You will need to ensure that the other party receives copies of your paperwork, which is a crucial step in the process. This will help keep everyone informed and allow for a fair hearing.
Temporary Orders are short-term decisions made by the court. They can cover various issues, such as legal decision-making, parenting time for minor children, or support payments. It's crucial to understand that these orders are temporary and may differ from the final decisions made in your case.
Both the Petitioner and the Respondent have the right to request Temporary Orders. However, this can only occur if a Petition has already been filed in Pima County Superior Court. The petition could relate to matters like dissolution, paternity judgment, or support. If there are ongoing proceedings in another court, you won't be able to file for Temporary Orders in Pima County.
During the time it takes to finalize your case, you might find yourself in need of Temporary Orders. These orders can help ensure that specific actions are taken or avoided. Common reasons to request Temporary Orders include:
You can file your request for Temporary Orders simultaneously with your Petition or Response. The earlier you file, the sooner the court can address immediate concerns, like financial assistance or housing issues. If you are the Petitioner, another good opportunity to request Temporary Orders is when the other party files a Response, indicating they disagree with your petition.
While it's possible to navigate the process on your own, consulting a lawyer may be beneficial, especially for more complex issues. Some lawyers offer limited assistance, allowing you to fill out forms yourself while providing guidance. If you have questions or need help, consider reaching out to the Self-Service Center at (520) 724-8456 for more information.
Not understanding the temporary nature of the orders: Many individuals mistakenly treat temporary orders as final decisions. It is crucial to remember that these orders are only temporary and may differ from the final judgment.
Failing to file in the correct jurisdiction: Some people overlook the requirement that a petition must be filed in Pima County to request temporary orders there. If you have ongoing proceedings in another court, you cannot file in Pima County.
Ignoring the need for proper service: After filing for temporary orders, it is essential to serve the other party with all relevant documents. Failing to do this can lead to delays or complications in your case.
Not providing sufficient copies: When filing, individuals often forget to make the required number of copies of their documents. It is important to prepare three copies of each necessary form for the court and the other party.
Missing deadlines: Some people do not pay attention to the timing of their filings. It is vital to file your request as soon as possible, especially if there are urgent issues to address.
Neglecting to prepare for the hearing: Many individuals do not adequately prepare for the hearing. Understanding what to expect and being ready to present your case is key to a successful outcome.
Overlooking the need for legal advice: Some people think they can navigate the process entirely on their own. However, complex situations may arise, and seeking legal advice can provide valuable guidance.
When navigating the complexities of family law in Arizona, especially regarding temporary orders, there are several important documents that often accompany the Arizona Temporary Orders form. Understanding these documents can help ensure that you are well-prepared for your case and can effectively communicate your needs to the court.
By familiarizing yourself with these documents, you can navigate the temporary orders process more confidently. Remember, each form plays a vital role in ensuring that your needs are addressed promptly and effectively in court.
The Arizona Temporary Orders form is similar to a Child Support Order. Both documents address immediate needs concerning the welfare of children and financial obligations. A Child Support Order outlines the amount one parent must pay to the other for the care of their child(ren) during the duration of a legal proceeding. Like Temporary Orders, a Child Support Order is not permanent and can be modified later, reflecting changes in circumstances or financial situations. This ensures that the child’s needs are met while the court finalizes the case.
Another comparable document is the Order of Protection. This legal tool is designed to provide immediate safety for individuals facing domestic violence or harassment. Just as Temporary Orders can establish guidelines about living arrangements and conduct between parties, an Order of Protection can restrict a person from contacting or approaching the victim. Both documents serve urgent needs, aiming to create a safe and stable environment while the legal process unfolds.
A third document that shares similarities with the Arizona Temporary Orders form is the Parenting Plan. This document outlines how parents will share responsibilities and time with their child(ren). While Temporary Orders may provide interim decisions about parenting time, a Parenting Plan is more comprehensive, detailing long-term arrangements. However, both documents emphasize the importance of the child’s best interests and provide a framework for co-parenting during ongoing legal matters.
Lastly, the Spousal Support Order is akin to Temporary Orders in that it addresses financial support between spouses during divorce proceedings. Temporary Orders can establish immediate financial support needs, while a Spousal Support Order formalizes these obligations. Both documents aim to ensure that one spouse does not face undue hardship while awaiting the final resolution of their divorce, highlighting the court’s role in balancing fairness and financial stability during a challenging time.
When filling out the Arizona Temporary Orders form, it's important to approach the task carefully. Here’s a list of things you should and shouldn’t do:
Following these guidelines will help ensure that your request for temporary orders is processed smoothly. Being organized and attentive to detail is key.
Here are some common misconceptions about the Arizona Temporary Orders form:
Understanding these misconceptions can help you navigate the process more effectively and ensure that you take the right steps for your situation.
Here are some key takeaways about filling out and using the Arizona Temporary Orders form: