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
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.
