Indiana Divorce Temporary Orders: Provisional Rules While Your Case Is Pending

An Indiana divorce takes at least 60 days, and contested cases can stretch 6 to 18 months. During that time, bills still need paying, children still need parenting, and neither spouse should be draining bank accounts or hiding assets. Provisional orders establish the ground rules while your case is pending.

What Provisional Orders Cover

Under Indiana Code § 31-15-4, either spouse can petition the court for temporary orders addressing:

Temporary child custody and parenting time. The court establishes who the children live with and a visitation schedule for the non-custodial parent. This is a temporary arrangement — the final custody order may differ based on the full evidence presented at trial or in the settlement agreement.

Temporary child support. Calculated using Indiana's income shares model, based on both parents' current income and the temporary custody arrangement. These payments typically begin within weeks of the order and continue until the final decree replaces them.

Temporary spousal maintenance. If one spouse depends on the other's income for basic living expenses, the court can order temporary maintenance payments. Indiana limits maintenance to specific statutory situations, but during the pendency of the case, the court has broader discretion.

Exclusive possession of the marital home. The court can grant one spouse the right to live in the family home and require the other to find alternative housing. This is particularly common when children are involved and the court wants to minimize disruption to their school and routine.

Debt and bill payment allocation. The court can order which spouse pays the mortgage, car loans, insurance premiums, and utility bills while the divorce is pending. This prevents one spouse from weaponizing unpaid bills or letting joint debts go to collections.

Asset preservation. Orders restricting both parties from selling, transferring, encumbering, or dissipating marital assets beyond normal living expenses. This prevents one spouse from emptying bank accounts, maxing out credit cards, or selling property before the court can divide it.

How to Request Provisional Orders

File a Motion for Provisional Orders with the court after your petition has been filed. The motion should specify exactly what temporary relief you're requesting and why it's necessary. Supporting documentation strengthens your request — pay stubs, bank statements, a proposed temporary parenting schedule, and evidence of monthly household expenses.

The court schedules a hearing, typically within 2–4 weeks of the motion. Both parties present their positions, and the judge enters a temporary order. In emergency situations — domestic violence, imminent asset dissipation, child safety concerns — you can request an expedited hearing.

Automatic Restrictions

Some Indiana counties impose automatic financial restrictions on both parties the moment a divorce petition is filed. These typically prohibit:

• Withdrawing funds from joint accounts beyond normal living expenses
• Canceling, modifying, or reducing health, life, or auto insurance coverage
• Destroying, hiding, or disposing of marital property
• Incurring new debt against jointly owned assets
• Changing beneficiary designations on insurance policies or retirement accounts

Check your county's local rules — Marion County and Hamilton County both have standing orders that take effect automatically upon filing.

Violating Provisional Orders

Provisional orders carry the full force of the court. Violating them can result in:

• Contempt of court charges (fines and potentially jail time)
• An unfavorable property division in the final decree
• Loss of credibility with the judge handling your case
• Attorney fee sanctions (the court ordering the violating party to pay the other side's legal costs)

Under Indiana's one-pot rule, dissipation of marital assets is one of the statutory factors that justifies an unequal property split. Spending marital funds on non-marital purposes during the divorce — gambling, gifts to a new partner, luxury purchases — can directly reduce your share of the final division.

Duration

Provisional orders remain in effect until the court enters the final Decree of Dissolution, which replaces them with permanent orders. If the divorce takes longer than expected, either party can request the court to modify provisional orders based on changed circumstances.

Knowing when to request provisional orders and what protections they provide is part of navigating the gap between filing and finalization. The Indiana Divorce Filing Process Guide covers the full timeline, including when provisional orders should be considered and what documentation to prepare.

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