Dixon & Moseley | Attorneys At Law

Call For A Consultation: 463-634-8983

  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
    • Criminal Law
    • Appellate Practice
    • General Practice
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online
Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
      • Guardianships
      • High-Asset Divorces
      • Legal Separation
      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
      • Indiana Criminal Appeals Lawyer
      • Indiana DUI Lawyer
      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
      • Petition For Rehearing
      • Interlocutory Appeals
      • Divorce Appeals
      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
      • Business Law
      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online

 463-634-8983

The Attorneys at Dixon & Moseley, P.C.

Strong, Trial-Ready Advocates Protecting Your Rights

  1. Home
  2.  | 
  3. Family Law
  4.  | 
  5. Provisional/Preliminary/Temporary Orders in Divorce and Paternity Cases

Provisional/Preliminary/Temporary Orders in Divorce and Paternity Cases

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2014 | Family Law, Paternity

Any Order that a court issues during the pendency of a Divorce or Paternity case, that is not a final Order of all issues, is a provisional Order. These can also be called “interlocutory”, “preliminary”, or “temporary” Orders.

A Provisional Order is meant to maintain the status quo as close to possible. Any time a divorce action begins, there are inherently a lot of life changes, especially if someone has moved out of the shared house, and there are children involved. This applies to Paternity cases as well, as oftentimes when the parties come to court is because their former romantic relationship has ended and they have to determine how to co-parent together.

In Divorce cases, the Dissolution Act specifically allows for such preliminary orders when a divorce case is filed. The court may issue an order for temporary spousal maintenance (formerly called alimony for spousal support), child custody and parenting time, and possession of property while the case is pending before the Court1. This is because cases, especially contested cases, take time to prepare and litigants often need at least some temporary resolution to matters in dispute immediately.

Under the Paternity Act, there is no such statute on point allowing for a paternity court to make temporary orders. However, the Indiana Court of Appeals has held that the purpose underlying temporary orders in divorce cases are also present in circumstances involving paternity cases. Specifically child custody, parenting time, and child support issues2. The Court of Appeals held that:

Because these issues may reasonably require multiple hearings to resolve, entering a provisional order in a paternity proceeding concerning parenting time and custody is quite appropriate while relevant issues are developed for resolution in a final hearing, if necessary, and a final order.

Provisional Orders, and requests for Preliminary Hearings, can be very useful in both divorce and paternity cases, where there is a lot of unknown, and the case could take several months to finally adjudicate, especially if a contested trial is needed. Provisional Orders can ensure that both parents have frequent and regular contact with the child during the case.

We hope that you have found this information to be helpful in understanding what provisional orders are, and how and when they are used in divorce and paternity cases. This is not intended to be legal advice. If you have questions or concerns about your specific case, Dixon & Moseley, P.C. can help evaluate your specific case. This blog post was written by Attorney, Lori B. Schmeltzer.

  • I.C. § 31-15-4-8.
  • In Re the Paternity of C.J.A, 3 N.E.3d 1020 (Ind.Ct.App.2014)
  • Recent Posts

    • Hearsay in Family Court: What Parents Need to Know
    • Intentional vs. Negligent Infliction of Emotional Distress: Why Emotional Harm Alone Is Not Enough
    • Can Social Media Be Used as Evidence in an Indiana Divorce Case? (2026 Guide)
    • BP Can AI-Generated Content Be Used as Evidence in an Indiana Family Law Case?
    • Can a Parent Move Out of State With a Child After Divorce in Indiana?

    Archives

    Categories

    RSS Feed

    Subscribe To This Blog’s Feed

    Reach Out Now For A Confidential Consultation

    Dixon & Moseley | Attorneys At Law

    Office Address

    50 East 91st Street
    Suite 200
    Indianapolis, IN 46240

      Indianapolis Law Office

    Phone Number

    463-634-8983

    • Follow
    • Follow

    © 2026 Dixon & Moseley, P.C. • All Rights Reserved

    Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

    Review Us
    Pay Online