Divorce can leave your daily life unsettled before a judge reaches a final decision. You may need to know where your children will stay, who will remain in the family home or how certain expenses will be paid while the case is pending.
Texas generally requires at least 60 days between filing for divorce and receiving a final decree. Some cases take much longer. Temporary orders can provide stability during that time by addressing these immediate family and financial concerns:
1. Parenting schedules and child support
If you have children, a judge can issue temporary orders for conservatorship, parenting schedules and child support. These orders can make parenting time and financial duties clearer for you and your co-parent while the divorce is pending.
2. Temporary financial support for a spouse
Either spouse may receive temporary financial support while the case is pending. The court may look at your necessary expenses and available resources when deciding whether support is appropriate. It may also consider the other spouse’s ability to pay. Temporary support is different from court-ordered spousal maintenance, which follows separate Texas rules.
3. Use of the family home and property
The judge may allow one spouse to stay in the family home while the case is pending. The judge can also decide who may use certain property and take steps to protect shared assets.
4. Payment of bills and debts
You may need clear rules for household expenses, utilities or other bills. The court can also address finances to help protect shared property and money while the case continues.
5. Attorney’s fees and case expenses
Texas courts may order payment of reasonable and necessary attorney’s fees, court costs and expenses during a divorce. Whether this happens depends on the facts of your case.
How to prepare for temporary orders
Temporary orders can affect your finances, housing and parenting routine for much of your divorce. They may also restrict either spouse from giving away or hiding property or canceling certain insurance policies.
Before a temporary-order hearing, it can help to gather information about your finances and daily needs. Pay records, household bills, insurance information and your children’s schedules can show which issues need immediate attention.
Why careful preparation matters
The issues that need attention vary from one divorce to another. What you ask the court to address depends on your family and financial situation. A family law attorney can help you identify which temporary protections may fit your circumstances, organize relevant information and present your position clearly to the court.