When you file for divorce in Texas, the process doesn’t happen overnight. While your case moves through the courts, you and your family need immediate answers about custody, support, and housing. That’s where temporary orders come in. These court-issued orders establish the rules both spouses must follow while the divorce is pending. They cover everything from who lives in the family home to how much child support one parent pays the other. Understanding how temporary orders work helps you prepare for what comes next in your divorce journey.
Why Choose Adams Law Firm for Your Temporary Orders Case
At Adams Law Firm, we’ve guided Houston families through every stage of divorce proceedings for over 35 years. This includes the important temporary orders phase. Our attorneys know that temporary orders set the tone for your entire case. They affect your family’s stability during an uncertain time. We work to present your case effectively to the court. Our team holds an AV Preeminent® rating from Martindale-Hubbell® for ethical conduct and legal ability. We’ve handled hundreds of temporary orders hearings. Additionally, H-Texas Magazine has recognized our work in family law. With experience in the Houston community, we bring both skill and dedication to every client we represent. Learn more about our experience and our attorneys.
What Temporary Orders Can Include in a Texas Divorce
Temporary orders address the immediate needs of both spouses and any children during the divorce process. Courts have broad authority to include various provisions in these orders, depending on your family’s circumstances. These orders remain in effect throughout the contested divorce or collaborative divorce process.
Custody and Visitation Arrangements
Temporary custody orders establish where children live and which parent has decision-making authority during the divorce. The court considers the best interests of the child when making these decisions. Visitation schedules outline when the non-custodial parent spends time with the children. These arrangements provide stability for children during a transitional period. They help prevent disputes over day-to-day parenting decisions. Understanding visitation rights is critical during this phase.
Financial Support and Spousal Maintenance
Child support orders require one parent to pay the other a set amount each month based on the paying parent’s net resources. This helps cover the child’s living expenses.
Temporary Spousal Support is also common in Texas divorces. Unlike post-divorce maintenance (which generally requires a 10-year marriage), temporary support does not have a minimum marriage duration. Under Texas Family Code § 6.502, the court can order payments it deems ‘necessary and equitable’ while the case is pending. If one spouse controls the finances and the other has no income, the court will often order temporary support to ensure both parties can pay for housing, food, and legal fees until the divorce is final.
Housing and Property Use
Courts often award one spouse exclusive use of the marital home during the divorce, particularly when children live there. This prevents disruption to the children’s living situation and school attendance. The court may also address temporary property arrangements and asset division issues. For example, the court may decide who uses certain vehicles or equipment. This prevents disputes over assets during the pending case. Understanding how marital property is handled is essential.
How Long Temporary Orders Last
Temporary orders remain in effect until the court issues a final divorce decree. In most cases, this means temporary orders last anywhere from several months to over a year. The timeline depends on how quickly your case moves through the court system. Some cases settle quickly through divorce settlement, while others require extensive discovery and negotiation.
You can request modifications to temporary orders if your circumstances change significantly. For example, if you lose your job and can no longer pay the ordered child support amount, you can ask the court to reduce your obligation. The court will consider whether the change in circumstances is substantial enough to justify modifying the original order. Temporary orders automatically terminate when the final divorce decree is signed. At that point, the final orders take their place.
What Evidence You’ll Need to Present
Preparing strong evidence for your temporary orders hearing increases the likelihood that the court will rule in your favor. Gather documentation that supports your position on custody, support, and property use. This is a critical step in the divorce process.
For custody claims, collect school records, medical records, and documentation of your involvement in your children’s lives. If you’re the primary caregiver, gather evidence showing your daily care responsibilities. For support requests, prepare recent pay stubs, tax returns, and documentation of your actual living expenses. If you’re requesting exclusive use of the home, bring the deed or mortgage documents. Also bring proof of your family’s residence there. Medical records become important if health issues affect custody arrangements or support calculations.
The Process for Requesting Temporary Orders
Filing Your Motion
You file a motion for temporary orders along with your original divorce petition. You can also file it shortly after filing. The motion explains what temporary orders you’re requesting and why. It should show how they serve the best interests of your family. You must serve the other spouse with copies of all documents filed with the court. Notice requirements for temporary orders hearings vary by county. Local court rules govern these requirements. While some counties may require 10 days’ notice, others may require more or less. You should check your specific county’s local rules. This determines the exact notice timeline required in your case.
The Hearing Process
At the temporary orders hearing, both spouses present evidence and testimony. They support their positions on the issues in dispute. The judge listens to arguments from both sides and may ask questions about your family’s circumstances. Hearings often have time limits. Your attorney helps you present the most important information efficiently. The judge has broad discretion in temporary orders cases. The judge can order arrangements that differ from what either spouse requested. This happens if the judge believes those arrangements serve the children’s best interests.
Modification After Initial Orders
If circumstances change after temporary orders are in place, you can request modifications. Changed circumstances might include job loss, relocation, or changes in a child’s needs. You file a motion to modify temporary orders. You must show the court that the change is substantial and material. The court then holds another hearing to consider your modification request. This process allows your temporary orders to adapt as your family’s situation evolves during the divorce proceedings.
Frequently Asked Questions About Temporary Orders
Can temporary orders be appealed?
Generally, no. Temporary orders are ‘interlocutory,’ meaning they are not final judgments and cannot be appealed in the traditional sense. However, if a judge makes a clear legal error or abuses their discretion, your attorney may file a Writ of Mandamus to ask a higher court to intervene. In most cases, though, if you disagree with the orders, your best remedy is to request a modification based on new evidence or prepare for the final trial.
What happens if someone violates a temporary order?
Violating a temporary order can result in contempt of court charges. The court may impose sanctions, including fines or jail time, against the person who violated the order. You can file a motion for contempt and ask the court to enforce the order. You can also ask the court to modify it if the other party cannot comply.
Do temporary orders affect the final divorce decree?
Temporary orders are not determinative of the final decree, but they do influence it. Judges often consider how temporary arrangements worked during the divorce. They use this information when making final decisions. If temporary custody arrangements proved successful, the judge may make them permanent in the final decree.
How quickly can I get a temporary order in place?
In emergency situations involving family violence or immediate harm to children, you can request a temporary restraining order (TRO). This takes effect immediately, sometimes without the other spouse present. Standard temporary orders typically require a hearing within 14 days if a TRO is issued. The exact timeline depends on your county’s court schedule. It also depends on whether the case involves an emergency situation. Non-emergency temporary orders hearings may take longer to schedule.
Can temporary orders be modified before the final divorce?
Yes. You can request modifications to temporary orders at any time if circumstances change substantially. The court will hold a hearing and decide whether the modification serves your family’s best interests.
Take Action on Your Temporary Orders Today
Temporary orders shape how your family lives during divorce proceedings. Getting them right from the start protects your interests and your children’s well-being. The attorneys at Adams Law Firm understand the urgency of temporary orders. We work quickly to present your case to the court. Contact Adams Law Firm today at (281) 391-9237 to schedule a consultation. Discuss your temporary orders in a Texas divorce case with our team. Let us help you work through this important phase of your divorce with confidence.
