Temporary Orders During a Pennsylvania Divorce: Protecting Yourself Before the Final Decree

July 28, 2026

If you need financial support, a workable custody schedule, or the right to stay in your home while your Pennsylvania divorce is pending, you do not have to wait for the final decree. Temporary orders can address alimony pendente lite, temporary custody arrangements, and exclusive possession of the marital home, and they generally stay in effect until the divorce is finalized or the court changes them. Divorces in Lancaster County can take months, and well over a year when contested. Waiting for the final decree to address money, parenting time, or housing can leave you at a real disadvantage, especially if your spouse controls the household finances or refuses to leave the home.

Temporary Spousal Support: Alimony Pendente Lite

Alimony pendente lite, known as APL, is temporary spousal support paid while a divorce case is active. 23 Pa.C.S. § 3702 ^[1] authorizes APL so the lower-earning spouse has the resources to participate meaningfully in the case, including the ability to afford counsel. APL is different from spousal support, which is available before a divorce complaint is even filed. Both generally follow the same guideline formula, weighing each spouse’s net income, and both continue only until the underlying issue resolves, either through a support order or the final divorce decree.

Temporary Custody Orders

Custody does not wait for your divorce to conclude. Pennsylvania procedure requires the parties’ first contact with the court in a custody matter, whether a conference or a hearing, to be scheduled within 45 days of filing. Pa.R.C.P. 1915.4 ^[2]. If the parties cannot reach an agreement at that initial stage, the presiding judge typically enters an interim custody order that governs parenting time until the case is fully resolved, whether by agreement or a custody trial. When a child’s safety is at risk, a parent does not have to wait even that long.

Emergency or special relief. Available at any time after a custody case is filed when a child faces immediate risk.
Interim orders. Entered by the court when parents cannot agree at their first scheduled contact with the court.
Status quo scheduling. Courts often look to whatever parenting pattern the family was already following.

Exclusive Possession of the Marital Home

Pennsylvania law allows a court to award one spouse the right to remain in the marital home while a divorce is pending, regardless of whose name is on the deed. 23 Pa.C.S. § 3502(c) ^[3] gives the court this authority, and the request is typically brought as a petition for special relief under Pa.R.C.P. 1920.43 ^[4]. Judges weigh who will have custody of the children during the case, the level of conflict in the home, and each spouse’s practical ability to secure other housing. An award of exclusive possession is temporary and does not decide who ultimately keeps the home in the final property division.

Requesting a Temporary Order in Lancaster County

Temporary support requests go through the Lancaster County Domestic Relations Office, which schedules a conference to calculate the appropriate amount under the statewide guidelines. Temporary custody requests are filed with the Lancaster County Court of Common Pleas and follow the same initial scheduling timeline used in any custody case. A request for exclusive possession of the home is filed as a petition for special relief within your open divorce action, and the court can act on legitimate safety or financial concerns well before the case is anywhere near final.

Why Waiting Can Hurt Your Case

The longer you go without a temporary order, the more the status quo works against you. A spouse who stays in the home, keeps the children on an informal schedule, or controls the household accounts while you wait often has an easier time arguing that arrangement should continue. Courts are not eager to disrupt a pattern that has been in place for months, even an informal one. Asking for a temporary order early protects your position instead of leaving it to develop by default.

Frequently Asked Questions

Do temporary orders usually become permanent in Pennsylvania?

Not automatically, but the arrangement under a temporary order often becomes the reference point courts return to. A pattern that has worked for months carries real weight when the final custody or support order is decided.

How do you get a temporary order during a divorce in Pennsylvania?

You file a petition, either for special relief for the home, for a custody order through the Court of Common Pleas, or for support through the Domestic Relations Office, and the court schedules a conference or hearing to address it.

What can a temporary divorce order cover in Pennsylvania?

Temporary orders can address spousal support through alimony pendente lite, a custody and parenting time schedule, and exclusive possession of the marital home while the divorce case remains open.

How long does a temporary order last in a Pennsylvania divorce?

A temporary order generally remains in effect until the court modifies it or the underlying divorce case concludes, whether that takes several months or well over a year.

Ready to Protect Your Position?

Waiting for your final decree to address money, parenting time, or housing is rarely the safest option. Our Pennsylvania divorce page explains how temporary relief fits into the larger divorce process, and our spousal support page walks through how support is calculated at every stage.

At Lancaster Law Group, our family law attorneys can move quickly to get a temporary order in place while your case moves through the Lancaster County Court of Common Pleas.

Our Lancaster office is available for an in-person consultation when you need to act now, not months from now.

Book a consultation with our team, or call us at 717-358-0600 to get started today.