43-110.

§43-110.


    A.  After a petition has been filed in an action for divorce or
separate maintenance either party may request the court to issue:
    1.  A temporary order:
         a.   regarding child custody, support or visitation,
         b.   regarding spousal maintenance,
         c.   regarding payment of debt,
         d.   regarding possession of property,
         e.   regarding attorney fees,
         f.   restraining any person from transferring, encumbering,
              concealing, or otherwise disposing of any property
              except in the usual course of business or for the
              necessities of life, and, if so restrained, requiring
              such person to notify the other party reasonably in
              advance of any proposed extraordinary expenditures made
              after the order is issued,
         g.   enjoining a party from molesting or disturbing the
              peace of the other party or of any child,
         h.   excluding a party from the family home or from the home
              of the other party,
         i.   enjoining a party from removing a child from the
              jurisdiction of the court, and
         j.   providing other injunctive relief proper in the
              circumstances.
    All applications for temporary orders shall set forth the factual
basis for the application and shall be verified by the party seeking
relief.  The application and a notice of hearing shall be served on
the other party in any manner provided for in the Rules of Civil
Procedure.
    The court shall not issue a temporary order until at least five
(5) days' notice of hearing is given to the other party.
    After notice and hearing, a court may issue a temporary order
granting the relief as provided by this paragraph; and/or
    2.  A temporary restraining order.  If the court finds on the
basis of a verified application and testimony of witnesses that
irreparable harm will result to the moving party, or a child of a
party if no order is issued before the adverse party or attorney for
the adverse party can be heard in opposition, the court may issue a
temporary restraining order which shall become immediately effective
and enforceable without requiring notice and opportunity to be heard
to the other party.  If a temporary restraining order is issued
pursuant to this paragraph, the motion for a temporary order shall be
set within ten (10) days.
    B.  Any temporary orders may be vacated or modified prior to or
in conjunction with a final decree on a showing by either party of
facts necessary for vacation or modification.  Temporary orders
terminate when the final judgment on all issues, except attorney fees
and costs, is rendered or when the action is dismissed.  The court
may reserve jurisdiction to rule on an application for a contempt
citation for a violation of a temporary order which is filed any time
prior to the time the temporary order terminates.
    C.  Upon granting a decree of divorce or separate maintenance,
the court may require either party to pay such reasonable expenses of
the other as may be just and proper under the circumstances.
    D.  The court may in its discretion make additional orders
relative to the expenses of any such subsequent actions, including
but not limited to writs of habeas corpus, brought by the parties or
their attorneys, for the enforcement or modification of any
interlocutory or final orders in the divorce action made for the
benefit of either party or their respective attorneys.