What Can I Expect From Temporary Orders?
Most family law cases, including divorces, take a long time to resolve. However, separating couples often need a quick answer to many tough questions, including where the children live, who remains in the family home, who keeps the car, and whether one party will receive financial support from the other.
In Texas, a family court Judge may temporarily resolve these issues by issuing a Temporary Order. You need to know what to expect from the process and be sure about what you want. If you have an upcoming Temporary Orders hearing or have started the divorce process, contact a family law attorney as soon as possible.
Family Law Attorneys at Skillern Firm
At Skillern Firm, our family law attorneys can help prepare you for a Temporary Order hearing and advise you on what to expect. We understand that dealing with divorce issues can be quite challenging, particularly when it involves children, financial obligations, and marital issues. We want to help you through this difficult process by providing tough representation and protecting your best interests.
Our attorneys have won multiple awards and recognitions, including Enterprise.com Best Family Lawyers in Houston, Best Divorce Lawyers in Houston, and Best of The Best Top 10 Family Law Attorneys. We have the skills and experience necessary to ensure that you get the best result possible for your family law case and your future.
Call our law firm today for an initial consultation at 936-213-8479.
What Are Temporary Orders?
Temporary Orders are orders granted by the family courts to resolve issues on a temporary basis while awaiting a divorce settlement. When couples separate, there are many changes that occur. These changes can involve the family home, their children, money and income, and their car.
Because contested divorce cases can often take a long time to resolve, couples need to resolve these issues quickly while awaiting a final order. If you and your partner can agree on these issues, you can resolve these issues together. However, most couples request a Temporary Order hearing to get a Judge’s opinion on important matters, including where their children will live or who gets to stay in the marital residence.
A spouse may request a Temporary Orders hearing if they worked as their children’s primary caregiver and have no source of income other than their partner’s income. They may request a temporary spousal support declaration in order to support themselves and their children while awaiting the final orders of divorce.
Although Temporary Orders last only while the divorce proceeds, the order may influence the Final Decree of Divorce. For example, if the Temporary Order gave primary custody to the mother during divorce proceedings, the Judge may decide it is in the best interests of the child to remain with the mother after the divorce case is settled.
Types of Temporary Orders
During a marriage, couples’ lives become intertwined and they often share duties and responsibilities for their house, vehicle, children, bills, and other important matters. When they decide to go separate ways, there are many issues that need to be resolved. Because of this, there are several types of Temporary Orders that can be granted by a family court Judge.
Exclusive Use of Marital Residence
Couples in Texas often purchase or rent a home to live together during their marriage. When this marriage ends, the couple must decide who stays in the family home and who leaves. A party to a divorce may request exclusive use of the marital residence.
The court will consider the assets and income of both parties when deciding who should receive rights to the marital property. A party may also request from the court:
- A sworn inventory and appraisement of the property
- The production of documents
- An appointment of a receiver to protect the family property
- The other spouse to pay attorney fees
Child custody is often the most troublesome part of a divorce case. Both parents often have different ideas of what is in the best interests of the children. One party may want the children to stay in the family residence, and the other party may want to take the children as they have been their primary caregiver.
A temporary child custody order can clarify this matter during a divorce case. If you want to have primary custody of the children, or if you have already served as their primary caregiver, it is important to file a Temporary Orders hearing for child custody as soon as possible.
In a temporary child custody hearing, a Judge may also decide on a visitation and access schedule for the other spouse.
If you served as the primary caregiver to your children and did not earn an income during the marriage, you are probably worried about supporting yourself and your children. In Texas, you may request a Temporary Orders hearing for spousal support from your ex-spouse to finance yourself while awaiting a final order of divorce.
We recommend getting legal assistance from an experienced divorce attorney when trying to get spousal support in Texas. Judges can be reluctant to grant support to spouses unless they meet certain requirements, as provided by the Texas Family Code.
Temporary Orders Hearings
A Temporary Orders hearing in Texas is a full evidentiary hearing involving witness statements, evidence, and submissions by both parties involved. Depending on the particular case, a Judge may request that the parties engage in mediation prior to a Temporary Orders hearing.
An independent mediator will speak with both parties separately to reach a fair agreement. Your lawyer can speak to the mediator on your behalf to try to achieve a resolution on custody, financial support, or other matters related to your divorce.
If the Judge does not request mediation, or if mediation does not work in your case, the Temporary Orders hearing will proceed. During a Temporary Orders hearing, the Judge finds the best solution for both parties, while trying to protect the best interests of the children involved, keep the marital property, ensure that bills get paid, and that both parties have a source of financial income.
Our law firm strongly advises you to have a legal representative by your side during a Temporary Orders hearing. A lawyer can speak on your behalf, submit evidence to support your appeal, and help ensure that you get a positive outcome while awaiting a Final Divorce Decree.
How Long Do Temporary Orders Last?
As indicated by the name, Temporary Orders apply only for the duration of the case during a divorce until final orders have been reached. Once a divorce case has been finalized, and a final decree is agreed to or decided by a Judge, the Temporary Order will conclude.
As noted previously, however, Temporary Orders often impact Final Divorce Decrees, and a family court Judge may consider the Temporary Order when deciding on important divorce matters, such as child custody and residence in the marital property.
It is also possible to modify Temporary Orders in certain circumstances. However, you must prove to a Judge using evidence that there has been a substantial change of circumstances that requires the Order to be changed. If you need to update a Temporary Order, get help from an experienced divorce lawyer.
Emergency Temporary Orders
Sometimes, one party may need to request an Emergency Order before a Temporary Orders hearing is scheduled. Emergency Orders usually happen when one party fears for their safety or the safety of the children. These orders are common in cases of domestic violence or child abuse.
- Temporary Restraining Orders – If you fear that the other spouse may do something before the Temporary Orders hearing happens, you can request a Temporary Restraining Order.
- Emergency Custody Orders – If you fear that the lives of your children are in danger because of your spouse, you can request an Emergency Custody Order.
Emergency Orders are more complex than Temporary Orders and the situation must be serious enough to warrant such a severe measure. Speak with an experienced divorce lawyer if you need to file an emergency order.
What Can I Expect From Temporary Orders?
Temporary Orders can offer divorcing couples quick resolutions for important issues while awaiting the final decision of their divorce. However, it is important to be prepared for a Temporary Orders hearing with enough evidence, witnesses, and knowledge about each matter.
You can expect to receive a temporary decision on matters such as custody of children, financial support, exclusive use of property, visitation rights, and payment of bills. The temporary decision may affect the final permanent order, so it is important to hire an experienced attorney to help you with your case.
Contact a Family Law Attorney at Skillern Firm Today
The family law lawyers at Skillern Firm can help you prepare for a Temporary Orders hearing and ensure that you have enough evidence to support your case. Our law firm is client-focused, and we offer unique representation to all of our clients to ensure that you feel supported and confident navigating through your divorce proceedings.
Through our many years of hard work, we have created a strong attorney-client relationship. Our attorneys have won countless awards and recognitions for their experience and skills, and we want to use these skills to help you with your case.
Call our law firm today for a consultation at 936-213-8479.