Temporary Orders in a Divorce

Temporary Orders in a Divorce

You and your spouse may be ready to get a divorce. However, the divorce process can be lengthy. And during the time you’re going through the process, there may be many issues that you and your spouse need to work out.

In Texas, a divorce will not be finalized until at least 60 days after a petition is filed, but it rarely takes such a short amount of time. If your divorce is uncontested and there are no children involved and you have no financial issues, then perhaps your divorce may only take a few months. But in all likelihood, it’s going to take longer than that, and can even last for years on end if it’s contested and there are other issues at play.

However, the court offers a solution for the murky legal waters you may encounter during the divorce process. Temporary orders can help solve some problems you and your spouse could be facing while working out your divorce.

What Are Temporary Orders?

The family court that presides over your divorce may issue temporary orders, which lay out how you and your spouse will deal with certain issues that come up prior to your divorce being finalized. They may include temporary solutions in regard to:

  • Child custody
  • The possession or sale of the marital home
  • Health insurance and uninsured medical expenses
  • Spousal support
  • Child visitation plans
  • Child support
  • Possession of a shared car or other assets
  • Restraint of both spouses from hiding the children, destroying property, running up credit cards, hiding money, etc.

When Do You Need Temporary Orders?

You may need to use temporary orders if it looks like your divorce process is going to take a long time or if you have children and need child support. It also helps when it comes to issues that arise because you and your spouse’s situation have changed. For instance, let’s say you were the primary caretaker when you were married, but now you need to move to another town that’s far from your marital home because you got a job. Your spouse may need to take on more responsibility when it comes to taking care of your child. You could come up with a child custody situation that’s in the best interest of your child in that case.

Another example could involve requesting temporary spousal support if one spouse was completely dependent on the other for financial support. Other circumstances may come up in your divorce process. You can always ask your divorce lawyer if an issue would qualify for a temporary order.

Filing for a Temporary Order

When you’re ready to get a divorce or you’re already in the divorce process, you can reach out to your family lawyer to file the requests for a temporary order. You’ll need to indicate what you’re asking for and include supporting facts about your temporary order and evidence to prove your situation (such as financial statements). Remember to always tell the truth, because lying is not only against the law in court cases, but it could also hurt you throughout the divorce process.

After your lawyer files the requests for temporary orders, you will need to go to a hearing. Most courts require the parties to attend mediation before having a hearing on temporary orders.  If the parties cannot agree on temporary orders in mediation, then a temporary orders hearing will be held and the judge will decide all the issues.  Once Temporary Orders are in place, the Temporary Order will stay in effect until your divorce process is finalized. Keep in mind that the temporary order decisions could have an effect on the final decisions in your divorce – especially when it comes to child issues.

Finding a Divorce Lawyer

It’s recommended to hire a divorce lawyer to help you with filing temporary orders because the process can be complex. If you don’t do it correctly, you may not get what you need out of the divorce process. Plus, you already have a lot on your plate with your divorce, especially if you are financially dependent on your spouse and/or you have children together. A divorce lawyer will be able to take some of the stress off of your shoulders and guide you throughout the process, no matter how long it takes or complicated it may become.

When you get in touch with a divorce lawyer, let them know about what kind of assistance you need when it comes to your temporary orders. It’s always a good idea to keep records of interactions with your spouse as well, especially if your relationship is contentious or your spouse has a combative personality. You’ll need as much evidence as possible to show that you deserve to have a temporary order put into place, and unfortunately, your word against your spouse’s may not be enough.

Contact Boudreaux Hunter & Associates, LLC for Help

Divorce is tough, but getting a temporary order is not always easy, either. Thankfully, the family and divorce lawyers at Boudreaux Hunter & Associates, LLC are here to help you with filing your requests for temporary orders and assisting you from the beginning to the end of the divorce process.

Contact us today to schedule your consultation and determine if we’re the right fit when it comes to your divorce in Texas. We’re standing by and ready to answer all your questions, as well as address your concerns, in this difficult time.