Temporary Orders
Temporary Orders attempt to maintain a status quo of a marriage until a divorce is finalized.
Temporary Orders
What are Temporary Orders?
Within Texas, there is no legal separation status. You and your spouse are either married or divorced, and a contested divorce can last months, leaving responsibilities up-ended and shared assets at risk.
This is where Temporary Orders come in to help in the transition of a divorce filling; Temporary Orders serve as a stop-gap once a divorce is filled, but not yet complete to protect both parties fairly with the status quo or marital benefits.
Duration
Orders at most, may last up to about a year… about the time a contested divorce may take, but can last as short as 90 days (again due to the Texas minimum waiting period for a divorce). It is possible to modify orders if a substantial change of circumstances occurs. Temporary Orders cease once the divorce is finalized by a judge, but they can possibly influence the final divorce outcome.
Voluntary or Contested Orders
Temporary Orders can be voluntarily signed or signed at a contested hearing in court. If the divorce is mutually wanted, you may consider not seeking Temporary Orders to save yourself some time and money of this step, however if the divorce has much dispute over ownership, responsibilities, and boundaries, Temporary Orders would be worthwhile until the divorce is finalized. If the couple has a large amount of shared savings money, Temporary Orders would also be recommended to ensure the fair distribution of the money upon divorce.
The Hearing
A Temporary Orders hearing typically takes place after a spouse is served with the divorce notice. Hearings may involve testimony, evidence (photos, documents), cross-examination, and a court reporter. A judge has broad discretion on how long the hearing may be, and may even ask the parties attempt mediation before going to court.
What Might be Specified in Temporary Orders?
Household
Temporary Orders can be used to assign the residents of a shared dwelling to just one of the spouses and/or to direct one spouse to pay towards normal household expenses or spousal support. Temporary Orders can also specify who is responsible for house maintenance tasks, to maintain the value of the home until divorce is finalized and add stability to the situation for residents. It may also limit who can remove furniture or if furniture can leave the house at all before the divorce is finalized.
The house can also be directed to be prepared for sale pending the divorce finalization and how the proceeds will be allocated.
Money & Bank Accounts
If needed, shared amounts of money can be directed to not be used / withdrawn / transferred while the divorce is underway. Typically, some money will be allowed to move for living costs, and frozen money would be limited to large savings accounts.
If one spouse does not have an independent income, Temporary Orders would help to keep their lifestyle funded until the divorce is finalized.
A spouse can also be directed to pay attorney fees for the other spouse for a fair divorce.
Vehicles
If vehicles are shared, orders can specify who will get access to a vehicle and who will maintain it. It may specify if a vehicle should be sold upon divorce so the equity can be split between the divorces.
Children
Temporary Orders can also encompass directives on custody of children and a visitation schedule.
Pets
Temporary Orders may specify how pets should be maintained and if they are allowed to be removed from the dwelling.
Health Insurance
A spouse can be directed to continue insurance coverage for the other spouse to maintain the status quo of the marriage until the divorce is finalized.
Emergency Temporary Orders
Temporary Orders are different from a temporary restraining order or protective orders, which are emergency-driven orders for safety from immediate harm.