Temporary (Interim) Orders in Family Law Cases

Overview

After a domestic relations, or family law, case has begun, any party in the case may make a motion for a temporary, or interim, order in the case.

A motion for an interim order is a written request to the Court identifying the issues the party wants resolved on a temporary basis.  The other party may answer the motion in writing and make their own requests.

A hearing is required for motions for interim orders.  Evidence is presented to support the requests in the motion and the answer to the motion.  The Court makes a final decision on whether to grant the interim order and what the interim order will contain.

If the Court grants an interim order, the interim order is in effect until the Court makes a final decision in the domestic relations case.

What is a Domestic Relations Case?

Domestic relations cases are family disputes involving the rights and duties of spouses, parents and/or children.

For example:

  • Divorce
  • Legal Separation
  • Establishing Custody and Visitation
  • Paternity

Before any party can request an interim order, a domestic relations case must have already begun with service of the summons and complaint, or service of the summons and petition.

What May Be Included in an Interim Order?  

Any of the following may be included in an interim order:

  • Payment of support (child support, spousal support),
  • Temporary parental rights and responsibilities (custody, visitation, decision making, etc.),
  • A parenting schedule for minor children,
  • Payment of attorney’s fees and costs,
  • The use of real or personal property, and/or
  • For restraining and eviction related to property.

Forms and Guides for Motions for Temporary (Interim) Orders

Motion for Temporary (Interim) Order Forms are not available for every situation or circumstance.  If you do not find a form that suits your circumstances on this website, the form is not available through the North Dakota Legal Self Help Center.

You may need to create legal documents yourself.  The General-Use forms in the District Court Civil Section of this website may be used as a starting point for creating your own legal documents.

Motion for Temporary (Interim) Order Informational Guides:

  • Motion for an Interim Order: Domestic Relations
    • Provides basic, step-by-step guide for making and answering a motion for a temporary (interim) order in a family law case
    • Includes formatting examples of common motion and answer to a motion for a temporary (interim) motion documents
    • Does not include fillable forms

Motion for Temporary (Interim) Order Research Guides:


Selected Statutes (Laws) & Rules

Following are legal research starting points related to motions for temporary (interim) orders and family law cases. You may need to conduct additional legal research into your legal issue.  See the Legal Research Section of this website.

 


Other Resources

Following are other resources related to motions for interim order proceedings that may be of interest.

 

If you do not understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.

The information provided on and obtained from this site does not constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court is not liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.