Michigan Divorce Temporary Orders: Custody, Support, and Property

A Michigan divorce with children takes at least 180 days. Without children, it takes at least 60 days. During that waiting period, someone needs to pay the mortgage, cover the kids' health insurance, and establish a custody schedule. Temporary orders fill that gap — they're court-enforceable rules that govern the period between filing and the final Judgment of Divorce.

How Temporary Orders Work in Michigan

Temporary orders are provisional. They govern the status quo during the divorce but don't predetermine the final outcome. A temporary custody arrangement doesn't automatically become the permanent arrangement, though judges do consider established patterns when making final decisions — another reason to take temporary orders seriously from the start.

There are two paths to temporary orders in Michigan: the Friend of the Court process (automatic in cases with children) and motions filed by either party.

The FOC Recommended Order Process

In cases with minor children, the Friend of the Court schedules a conciliation conference (also called a FIGC or Early Intervention Conference depending on the county) within approximately 30 days of filing. At this meeting, the FOC conciliator works with both parents to establish temporary terms for:

• Physical custody — where the children will primarily live during the divorce
• Parenting time — the visitation schedule for the non-custodial parent
• Child support — calculated using the Michigan Child Support Formula based on current incomes and proposed overnights

If both parents agree during the conference, the conciliator drafts a consent order for the judge's signature. If they can't agree, the conciliator issues a Recommended Order based on their evaluation.

The Recommended Order becomes a temporary order once the judge signs it — and the judge signs it unless someone objects. Either parent has 21 days from the date of mailing to file a written objection. If no objection is filed, the recommendation automatically becomes the temporary order.

If you object, the court schedules a hearing where the judge reviews the FOC's recommendation and hears both sides. This hearing can take weeks to schedule, and the recommended order typically remains in effect until the hearing occurs.

Filing Motions for Temporary Relief

For issues the FOC doesn't cover — spousal support, exclusive use of the marital home, restraining orders on assets — you'll need to file motions with the court.

Temporary spousal support. Either party can file a Motion for Temporary Spousal Support. The court evaluates the requesting spouse's need and the other spouse's ability to pay, considering the same factors used for permanent spousal support. Michigan courts recognize that maintaining two separate households costs more than one, and temporary support helps prevent one spouse from being financially devastated during the divorce process.

Exclusive use of the marital home. A motion for exclusive occupancy asks the court to order one spouse to leave the marital home during the divorce. Courts grant this in situations involving domestic violence, extreme conflict, or when continued cohabitation is genuinely untenable. The spouse who stays typically remains responsible for the mortgage and utilities during the temporary period.

Asset preservation orders. Either party can request an order prohibiting the other from selling, transferring, or dissipating marital assets during the divorce. This prevents actions like draining joint bank accounts, selling vehicles below market value, or taking on new debt against marital property.

The Ex Parte Option for Emergencies

In genuine emergencies — active domestic violence, imminent asset dissipation, a parent planning to leave the state with the children — you can seek an ex parte temporary order. This is a one-sided order issued without the other party being present or heard.

Ex parte orders are temporary by design. The court will schedule a hearing (typically within 14 to 21 days) where the other party can respond. If you sought an ex parte order without genuine emergency circumstances, the court may vacate it and potentially sanction you.

What Temporary Orders Typically Cover

A comprehensive set of temporary orders addresses:

• Which parent has primary physical custody
• The parenting time schedule for the other parent
• Child support amount and payment method (typically through the State Disbursement Unit)
• Health insurance continuation for children and potentially for the non-insured spouse
• Who pays the mortgage/rent, utilities, and vehicle payments
• Temporary spousal support amount
• Restrictions on selling or transferring marital property
• Who maintains which insurance policies
• Rules about introducing new partners to children

Why Temporary Orders Matter for the Final Judgment

Legally, temporary orders don't bind the final judgment. Practically, they create a status quo that courts are reluctant to disrupt. If a temporary custody arrangement has been working for six months, the judge evaluating the "stability of the existing environment" factor (one of the 12 Best Interest factors) will weigh that established pattern.

This makes the FOC conciliation conference one of the most consequential moments in a Michigan divorce with children. Walking in unprepared — without a proposed parenting schedule, income documentation, or an understanding of the child support formula — can result in a temporary order that establishes a pattern you'll spend the rest of the divorce trying to change.

The Michigan Divorce Filing Process Guide includes preparation worksheets for the FOC conciliation conference, a temporary budget planner for managing two-household expenses, and a decision tree for determining which type of temporary relief to pursue.

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