Montana Divorce Temporary Orders: Support, Custody, and Bills While Your Case Is Pending

A Montana dissolution can take anywhere from 30 days (uncontested joint petition) to 18 months or longer (contested with trial). During that limbo period, someone still needs to pay the mortgage, cover the kids' health insurance, and decide where the children sleep on school nights. Temporary orders solve this — they establish legally binding rules that govern finances, custody, and property while the case is pending.

What Temporary Orders Can Cover

Under MCA § 40-4-121, either party can file a motion requesting temporary orders on virtually any issue the court will ultimately decide in the final decree. The most common requests include:

Financial support:

• Temporary spousal maintenance (support payments from the higher-earning spouse)
• Temporary child support based on Montana's child support guidelines
• Responsibility for specific bills — mortgage, car payments, utilities, insurance premiums
• Authorization for specific expenditures that would otherwise violate the AERO

Child custody and parenting:

• Temporary parenting schedule (weekdays, weekends, holidays)
• Decision-making authority for education, medical care, and extracurricular activities
• Restrictions on relocating with the children during the case

Property protection:

• Exclusive use of the family home (one spouse stays, the other moves out)
• Restrictions on specific assets beyond what the AERO already covers
• Orders to preserve or maintain property (preventing neglect of a jointly owned home or business)

How to Request Temporary Orders

You file a written Motion for Temporary Orders with the Clerk of District Court, explaining what you need and why. The motion should include:

• A clear statement of the specific orders you are requesting
• A factual basis for each request (why it is necessary now, not just at trial)
• Supporting financial documentation — income figures, expense summaries, children's needs
• A proposed order for the judge to sign

After filing, the court schedules a hearing — typically within 2-4 weeks, depending on the judicial district's calendar. Some districts handle temporary motions before a standing master rather than a District Court judge, which can speed up the process.

At the hearing, both parties present their positions. The judge or master considers the evidence and issues temporary orders that remain in effect until the final decree is entered or the court modifies them.

Emergency Temporary Orders

In situations involving immediate risk — domestic violence, a spouse about to flee the state with the children, or imminent dissipation of assets — you can request emergency temporary orders without waiting for a standard hearing. The court can issue ex parte (one-sided) orders in genuine emergencies, though the other party must be given an opportunity to respond at a full hearing shortly afterward.

If domestic violence is involved, a separate Order of Protection under Montana's partner/family member assault statutes may be more appropriate than a temporary order within the dissolution case.

Temporary Orders vs. the AERO

The AERO (Automatic Economic Restraining Order) is automatic — it applies the moment the petition is filed and restricts both parties from depleting assets. Temporary orders are different: they are specific, discretionary, and require a motion and hearing.

Think of the AERO as a freeze, and temporary orders as the controlled thaw. The AERO says "do not touch anything." A temporary order says "the petitioner will pay the mortgage and the respondent will pay the car loans, and here is the parenting schedule until trial."

What Happens If You Do Not Request Temporary Orders

Nothing automatically governs your situation during the case beyond the AERO's asset freeze. Without temporary orders:

• No one is legally required to pay specific bills (though failing to pay a joint mortgage could harm both parties' credit)
• There is no enforceable parenting schedule — either parent can technically exercise time with the children at any time
• Neither spouse is required to pay the other support

This ambiguity creates conflict. If you and your spouse cannot cooperate informally on bills, custody, or living arrangements, temporary orders bring structure and enforceability to the interim period.

Cost and Timeline

Filing a motion for temporary orders does not incur additional court fees beyond the original filing fee (your case is already open). However, if you hire an attorney for limited-scope representation to help with temporary orders, expect attorney fees of $500 to $2,000 depending on complexity and whether the hearing is contested.

Temporary orders typically take 2-4 weeks from motion filing to hearing, though emergency requests can be heard within days. The orders remain in effect until the final decree supersedes them.

The Montana Divorce Filing Process Guide includes a temporary orders checklist that helps you organize your financial situation and parenting proposal before filing the motion — covering income documentation, expense breakdowns, and a proposed parenting schedule template.

See more Montana guides →