In a Texas divorce proceeding, temporary orders are sometimes issued by a court to provide temporary guidance and protection for the parties involved in a divorce until a final divorce decree can be issued. These orders remain in effect until the final resolution of the case or until modified by the court.
When Are Temporary Orders Needed?
Temporary orders in Texas are commonly sought in family law cases. They are essential to provide stability and ensure that the parties’ rights are protected during the period leading up to the final court judgment. This period of time can vary greatly depending on your circumstances, so temporary orders can offer solutions for the time being. Temporary orders can cover a wide range of issues while the divorce is pending, including, but not limited to:
- Possession and access to the marital home
- Child custody and visitation
- Child support
- Spousal support
- Payment of bills and management of assets
- Prohibition of the disposal or encumbrance of assets
- Other financial matters
The Purpose of Temporary Orders in Family Law Matters
The purpose of temporary orders is to provide a measure of stability and predictability for the parties involved, particularly in cases where the divorce is contested and the parties are unable to reach an agreement on their own. Temporary orders can help to ensure that the needs of both parties are met while the divorce is pending and can help to prevent disputes from escalating.
Temporary orders are designed to maintain the status quo and protect the interests of both parties until a final resolution can be reached. They are typically requested by one party and granted by the court based on the need to protect the requesting party’s rights and interests. Temporary orders can be requested at any time during the divorce process, but they are most commonly sought at the beginning of the divorce proceedings.
Temporary orders are not meant to be permanent solutions and are only in place until the final divorce decree is issued. However, they can have a significant impact on the parties’ lives and should be taken seriously. Especially for parent-child issues, often a court will evaluate how well the temporary orders worked during the pendency of the case when determining how to rule at trial. For example, if a temporary possession schedule for the children is working well, a court is likely to leave it in place in the final order. It is important for parties involved in a divorce proceeding in Texas to consult with an experienced divorce attorney to understand the role of temporary orders and how they may impact their rights and responsibilities during the divorce process.
Obtaining Temporary Orders in Texas
To obtain temporary orders in Texas, a party typically files a motion with the court, requesting specific relief and outlining the reasons for the requested orders. The court will schedule a hearing to review the motion and hear arguments and evidence from both parties before issuing the temporary orders. An experienced family law attorney in Texas can assist with the filing process and appear in court as needed.
How Are Temporary Orders Determined?
There are several factors the court will consider when issuing temporary orders in Texas, including the financial resources of the parties, the needs of the children, and the ability of the parties to provide for themselves. The court will also consider any history of family violence or abuse, as well as the best interests of the children. If the parties are unable to reach an agreement on the terms of the temporary orders, the court may hold a hearing, consider the evidence presented by both parties, and determine what orders are appropriate.
Modifying Temporary Orders
Modification of a temporary order in a Texas family law case can occur under certain circumstances. If there is a substantial change in circumstances or new evidence, either party can file a motion to modify the temporary orders. The court will review the motion and evidence before deciding whether to modify the existing orders.
The duration of temporary orders varies depending on the case and circumstances. They typically remain in effect until the final judgment is rendered in the case or until a modification is granted by the court.
Failure To Follow Temporary Orders
Temporary orders are legally binding and enforceable. Both parties are required to comply with the court’s temporary orders until they are modified or replaced by a final court order. Failure to comply with temporary orders can result in legal consequences, including fines, contempt of court charges, and possible modification of the final court judgment in favor of the aggrieved party.
The Texas Family Code states in Section 157.001 that, “The court may enforce by contempt any provision of a temporary or final order.” Therefore, if one party fails to comply with a court order, the other party can file a Motion for Enforcement to ask the court to enforce the order.
Working With A Divorce and Family Law Attorney in Texas
If you are involved in a divorce proceeding in Texas and are considering requesting temporary orders, it is important to seek the advice of an experienced Texas family law attorney. An experienced attorney at Deyerle Silva Smith can help you understand your rights and options and represent you in court to ensure that your interests are protected.