Temporary Orders in a Minnesota Divorce

Last reviewed November 3, 2026

Temporary orders in a Minnesota divorce set the rules for custody, support, the home, and finances while the case is pending. A final decree can take months, and families need a stable arrangement in the meantime. Either spouse may ask for temporary relief by motion under Minn. Stat. § 518.131. This page explains what a temporary order may include, what it may not do, how the hearing works, and how long the order lasts. It is part of the site’s guide to court and ADR processes in Minnesota.

When Temporary Relief Is Available

A party may request temporary relief in a custody, dissolution, or legal separation case. It is also available in a later proceeding for property, maintenance, or support after a divorce (§ 518.131, subd. 1). The request is made by motion. For the general procedure, see Motion Hearing in Family Court.

What a Temporary Order May Include

The statute lists a wide range of permissible orders (§ 518.131, subd. 1(a)–(j)). A temporary order may address:

• Children: temporary custody and parenting time, and temporary child support;
• Support: temporary spousal maintenance, and temporary costs and attorney fees;
• Property: who uses the home, vehicles, furniture, and other property;
• Asset protection: restraints on transferring, hiding, or disposing of property, except in the usual course of business or for necessities, with an accounting;
• Conduct: restraints on harassing or disturbing the other party or the children;
• Travel: restraints on removing a child from the court’s jurisdiction;
• Housing: exclusion of a party from the family home; and
• Other acts: any additional steps that will speed the case or protect the family from harm.

Temporary Custody and Past Parenting

For temporary custody and parenting time, the court applies the best-interests factors in § 518.17. It must also consider each parent’s time with the child before the case began. If a child’s access to a parent was limited before filing, the court must set a schedule that supports the child’s relationship with both parents (subd. 1(a)). See Parenting Time in Minnesota.

What a Temporary Order May Not Do

Some relief requires specific findings (§ 518.131, subd. 2). A temporary order may not:

• deny parenting time, unless the court finds that the time is likely to cause the child physical or emotional harm;
• exclude a party from the home, unless the court finds that harm is likely or the exclusion is reasonable under the circumstances; or
• vacate or modify an order for protection’s restraint on domestic abuse, except through a properly noticed motion to modify that order.

Ex Parte Restraining Orders

In urgent situations, a party may seek an ex parte restraining order, issued without the other party present. Its limits are stricter. It may exclude a spouse from the home only on a finding of immediate danger of physical harm. Likewise, it may grant custody or deny parenting time only on a finding of immediate danger of physical harm to the children (§ 518.131, subd. 3).

The restraining order must be personally served, together with notice of a hearing on temporary relief. That hearing must be held at the earliest practicable date (subd. 4). See Emergency and Ex Parte Custody Orders.

How the Hearing Works

Temporary orders are usually decided on affidavits and the arguments of counsel, without live testimony (§ 518.131, subd. 8). A party may demand oral testimony, but only in a motion or responsive motion filed within the deadline for responsive motions. The court may also order testimony on its own.

Because affidavits carry so much weight, they should be factual, specific, and supported by records. In deciding the motion, the court is guided by the child support guidelines, the maintenance statute, the custody statutes, and the fee statute (subd. 7).

Priority Hearings

Certain requests move to the front of the calendar. The court must hold an expedited hearing within 30 days of a request when a party credibly alleges either of the following (§ 518.131, subd. 11):

• denial of parenting time for 14 consecutive days or more; or
• unreasonable denial of access to necessary financial resources or support during the divorce.

Credible allegations of domestic abuse, substance abuse, maltreatment, or neglect may justify a parent’s denial of time. If temporary parenting time is ordered, the court may also order temporary child support on request.

Duration and Effect

A temporary order lasts until it is amended or vacated, the case is dismissed, or a final decree is entered, whichever comes first (§ 518.131, subd. 5). It does not prejudice either party’s rights at later hearings (subd. 9). Nevertheless, a temporary arrangement often shapes the final result, because courts value stability for children.

The court may revoke or modify a temporary order before the final decree, on the same grounds required for the original order. If the divorce is dismissed, a temporary custody order is vacated unless the court continues the matter as a custody case (subd. 6).

Enforcement

Violating a temporary order is punishable by contempt. In addition, violating a provision that restrains harassment, prohibits removing a child, or excludes a party from the home is a misdemeanor (§ 518.131, subd. 10).

Temporary Maintenance

Maintenance ordered while an initial divorce or legal separation is pending is “temporary maintenance” (Minn. Stat. § 518.552, subd. 3(a)). It is distinct from transitional or indefinite maintenance in a final decree. See Transitional and Indefinite Maintenance.