25-316. Temporary orders; definition

492 words·~2 min read·/az/title-25/25-316

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. In a proceeding for dissolution of marriage, legal separation or annulment or for maintenance or support following a dissolution of marriage by a court that lacked personal jurisdiction over an absent spouse, either party may move for temporary orders seeking any of the following:

1. An order for equal possession of the liquid assets of the marital property.

2. Temporary spousal maintenance.

3. Temporary legal decision-making and parenting time of a child common to the parties.

4. Temporary support of a child, natural or adopted, common to the parties entitled to support.

5. Exclusive use and possession of the family home or the home of the moving party.

6. Exclusive use and possession of other property of the parties.

7. An interim award of attorney fees and costs.

8. Other relief deemed necessary pending final resolution of the issues of the parties.

B. A party who seeks an order for equal possession of liquid assets shall file a motion that is accompanied by an affidavit setting forth the factual basis for the motion, the amounts requested and, if appropriate, the liquid assets of the parties. If granted, the court shall provide an order for equal possession of the liquid assets of the marital property that existed as of the date the petition for dissolution, legal separation or annulment was served, unless the court finds that there is good cause not to divide those assets.

The court's division of liquid assets held by financial institutions does not invalidate applicable law or any provision of an account agreement that assesses penalties against the account holder for premature or unscheduled withdrawals of account monies. An order for equal possession of the liquid assets of the marital property does not prejudice any final division of the marital community. This subsection does not eliminate the application of the preliminary injunction.

C. The court may issue a temporary order without requiring notice to the other party only if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury will result to the moving party or a minor child of the parties if an order is not issued until the time for responding has elapsed. A bond is not required unless the court deems it appropriate.

D. A temporary order:

1. Does not prejudice the rights of the parties or of any child that are to be adjudicated at subsequent hearings in the proceedings.

2. May be revoked or modified before the final decree.

3. That provided for equal possession of the liquid assets of the marital property does not prejudice either party's claim for temporary maintenance, child support or attorney fees.

4. Terminates when the final decree is entered or when the petition for dissolution, legal separation or annulment is dismissed.

E. For the purposes of this section, "liquid assets" includes:

1. Cash.

2. Traveler's checks.

3. Nonretirement funds in financial institutions.

4. Lottery winnings.

5. Cryptocurrency.

6. Coins and precious metals.