How quickly can I get temporary orders?

Standard temporary orders hearings are scheduled after filing based on court availability. Emergency or [def:ex parte|ex parte] orders can be obtained more quickly in situations involving safety threats or asset dissipation.

Are temporary orders the same as final orders?

No. Temporary orders govern the situation while the case is pending. The final decree may contain different terms. However, temporary arrangements often influence the final outcome because courts value stability.

Can temporary orders be changed?

Yes. Either party can file a motion to modify temporary orders if circumstances change during the case. The court will evaluate whether modification is warranted.

What happens if temporary orders are violated?

Violating temporary orders can result in contempt of court, which may include fines or incarceration. Courts take violations seriously because temporary orders are legally binding [§ 25-4-40].

Do I need temporary orders?

Not every case requires temporary orders. They are most important when there are disputes about custody, when support is needed immediately, when there is concern about asset dissipation, or when there are safety issues.

Topic guideUpdated 2026-02-27

Temporary Orders in South Dakota Family Cases — What to Know

Temporary custody, support, and property orders while your family law case is pending

Temporary orders in South Dakota provide immediate structure while a family law case is pending §25-4-40. They address urgent issues — who pays the bills, where the children live, and how property is protected — so that neither party is disadvantaged during what can be a lengthy process.

💡Temporary orders are not a preview of the final outcome, but they do establish a status quo that can be difficult to change later. Courts consider arrangements that have been working during the temporary period.

What temporary orders can cover

Temporary child custody and visitation schedule
Temporary child support and spousal support
Exclusive use of the marital home or vehicle
Payment of mortgage, rent, utilities, and insurance during the case
Restraining orders preventing disposal of marital assets
Restraining orders preventing harassment or contact
Attorney fee contributions

How temporary orders are obtained

File a motion

Either party can file a motion for temporary orders, usually at the time of filing or shortly after.

Notice and hearing

The other party must receive notice and an opportunity to respond. In emergencies, ex parte (one-sided) orders may be available for a brief period.

Evidence

At the hearing, both parties present evidence about current income, expenses, children's needs, and living arrangements.

Court ruling

The judge enters temporary orders that remain in effect until modified or until the final decree.

Emergency and ex parte orders

In situations involving domestic violence, child endangerment, or imminent asset dissipation, South Dakota courts can issue emergency orders without a full hearing. These orders require a follow-up hearing.

⚠Violating a temporary order carries the same consequences as violating a final order — including Contempt of court.

Strategic importance

Temporary orders set the tone for the entire case:

Temporary custody arrangements establish a status quo the court will consider in final custody determinations
Temporary support amounts can influence final support negotiations
Temporary asset restrictions prevent one party from hiding or spending down marital property

✓Prepare thoroughly for the temporary orders hearing. Bring recent pay stubs, tax returns, bank statements, a proposed parenting schedule, and a monthly budget showing actual expenses.

Prepare for Your Consultation

Quick checklist (Family Law)

Bring what you have — missing items can be filled in later.

Current custody / support

orders (if any)

Key dates

and communications

Income / expense basics

(if support involved)

General preparation tips only. Procedures vary by court and issues.

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