What is a Provisional Order?

September 24, 2015

By Keffer Hirschauer LLP

You may have heard of the term before and wondered, in regards to a divorce, what is a “provisional order” exactly? A provisional order is a temporary order imposed by a judge in a divorce proceeding, generally, not long after a divorce has been filed or initiated.

It is intended to maintain the status quo of the parties while the divorce is being litigated. See Mosley v. Mosley, 906 N.E.2d 928, 929-30 (Ind. Ct. App. 2009). A provisional order can address many things including temporary maintenance or support, restraining orders, custody orders, and orders concerning possession of property. However, the provisional order terminates when the court issues its final dissolution decree or the petition is dismissed. See I.C. s 31-15-4-14.

While any disparity or inequity can, and probably should be addressed in the trial court’s final order, a provisional is an important, if not critical, first step in an often difficult process. If you are thinking about a divorce, it is important to have an attorney on your side that understands your rights and can advocate in a manner that serves your best interests.

Contact us today if you have questions or would like to discuss your family law matter. We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case. Act now and contact us today at (317) 857-0160.