What to Know About Divorce Temporary Orders in Houston
Navigating a divorce can be a stressful and overwhelming process. If children are involved, this stress can be compounded. In Texas, temporary divorce orders are meant to help alleviate some of the stress. These orders can help bring a set of clear expectations for both parties so that they can move through the divorce proceedings in a manner that is beneficial and productive. Here’s what you need to know about Texas divorce temporary orders. If you need help with any aspect of divorce in Houston, reach out to an experienced and dedicated Texas family law attorney at the Law Office of Maria Lowry for practical advice and professional representation.
What Is a Temporary Order in Texas?
A divorce temporary order is an order issued by a court that helps both parties in a divorce establish expectations regarding finances, the children, and other important life decisions. Not all divorce proceedings require temporary orders. However, during contested divorce cases, temporary orders can help simplify the process.
A divorce temporary order is just that — an order that expires once the divorce is finalized. While temporary orders do not automatically translate to permanent orders after the completion of a divorce, the circumstances giving rise to the temporary order are often the same which lead to a final order when the marriage is dissolved.
Working with an experienced divorce law attorney can help you navigate temporary orders of divorce so that you get the representation you deserve. At the Law Office of Maria Lowry, PLLC, our team is committed to fighting for your rights as you navigate a divorce. Contact our team today for a consultation on your case.
Types of Temporary Divorce Orders
Different types of temporary divorce orders can be issued by a court during a divorce. Typically divorce orders include the following:
Temporary Child Custody
A temporary child custody agreement determines which parent will be the temporary custodial parent as the divorce proceeds. A final decision on child custody is determined at the conclusion of the case.
Temporary Child Visitation Schedule
The temporary schedule of visitation for children can be determined via a temporary order. This ensures that both parents get to spend time with a child during the divorce proceedings. The final child visitation schedule will be determined at the end of the case.
Temporary Child Support
Child support payments can also be issued through a temporary order. These payments will be made to the temporary custodial parent by the temporary noncustodial parent. The amount of child support payments made during the temporary order will not automatically be the child support payments required after the divorce is finalized.
Temporary Spousal Support
In some cases, one parent may be entitled to temporary spousal support. This temporary support will be determined by a court and reassessed after the final divisions of assets are made.
Temporary Use of Property
In Texas courts, divorce cases must be finalized before the division of property takes place. In the meantime, courts can issue a temporary use of property order. Under this order, one party may be given temporary approval to use property including a vehicle or the marital home.
Temporary Orders and Injunctive Relief
Temporary orders issued in Texas can also come with a temporary injunction relief order. Under an injunctive relief order, one or both parties may be required to refrain from certain types of activities or behaviors.
For example, one parent may be ordered to stop spending money if they are intentionally racking up debt as the divorce proceeds.
If a party feels threatened or unsafe around their spouse during a divorce, they may petition the court for a temporary restraining order. A temporary restraining order keeps a specific individual from conducting certain types of behavior against the other spouse or a child.
This type of order is typically issued when an individual Is experiencing unfair, threatening, and even violent behavior. Temporary restraining orders can be issued for a variety of behaviors including the following:
- Threatening or acting upon violence
- Preventing withdrawals from bank accounts, savings, and other accounts
- Selling off assets
- Removing a child from daycare or school
It is typical for both parties to appear before a court after a temporary restraining order is filed, although in certain situations, a temporary restraining order can be granted without requiring both parties to appear in court. However, in Texas, these types of temporary restraining orders typically last only 14 days. Extensions can be requested, but the individual subject to the order has the right to a hearing to challenge the imposition of any long-term or permanent restraining order.
Speak with a, Experienced Houston Divorce Lawyer
At the Law Office of Maria Lowry, our dedicated family lawyer is committed to helping you get the representation you deserve during a divorce. Contact our team today to learn about your rights and options and how temporary orders can help you navigate your divorce.