Divorce Temporary Orders in Austin, Texas

Written By Chris Merritt

Divorce Temporary Orders: 

What occurs between filing and finalizing a divorce case in Austin, Texas?

One of the biggest concerns spouses have after filing for divorce is what happens now?  It is vital for you to fully understand all the stages of the divorce process so that there won’t be surprises during the pendency of your case.  Knowledge and preparation are key to positive outcomes for you and your family.

Divorce Temporary Orders

Immediately after filing for divorce in Austin, Texas, one or both of the spouses may need court orders to determine how the parties’ relationship with the children and/or finances will be handled until the divorce can be been finalized. These court orders are called Temporary Orders and can include temporary provisions ordering the payment of alimony and child support as well as arranging child custody and visitation.  The court may also set forth provisions as to which spouse pays specific debts during the divorce process and/or who has the right to temporary use of the house and other community property such as vehicles until final orders are entered.  The court may also prevent a party from substantially changing accounts and policies so that the community estate and the parties are protected financially.  Examples of this are provisions requiring a party maintain health insurance on their spouse and the children and provisions preventing a party from changing beneficiary on life insurance policies or retirement accounts.

It is important to note that not every case requires temporary orders.  Some parties are able to work out informal arrangements to take care of the issues related to property and children during the period between filing and finalizing a divorce.  Also, some parties are able to negotiate formal temporary orders outside of court.

But, if an informal or negotiated agreement cannot be reached and disputes arise, a party can request a hearing before a judge to obtain temporary orders that will stay in place until the final divorce decree is entered or the court makes other orders.  A temporary orders hearing is often like a mini-trial; the attorneys present arguments, examine witnesses and present evidence before the judge so that he or she has an idea of the temporary issues at hand that need to be decided.

While these orders are temporary in nature and often designed to maintain the parties’ status quo until the case is over, tactical advantages can be gained during this stage with respect to final child custody or property division.  Thus, it is vital to discuss your particular circumstances with a divorce attorney.