Filing for a divorce can mean facing uncertainty about issues such as who pays the bills and where the children stay. Temporary orders exist to fill that gap until a judge signs a final decree.
Exploring the scope of temporary orders
These orders address nearly every pressing issue that surfaces when a marriage is dissolving. Under Texas law, a court may issue orders covering spousal support, exclusive use of the family home, debt payments and the preservation of marital property.
When children are involved, the court may establish temporary conservatorship, set possession schedules and order child support. These arrangements prioritize the safety and welfare of the children as the case continues.
Securing a temporary order
There are generally two ways to put temporary orders in place during a divorce. Which option applies will depend on whether you and your spouse can cooperate or whether the court needs to step in:
- Agreed temporary orders: You and your spouse negotiate the terms, such as custody arrangements, bill payments and property use, and submit the agreement to the court for approval. This route may save time and reduce legal costs while giving both parties more control over the outcome.
- Contested temporary orders: Either party may file a motion requesting a hearing when an agreement cannot be reached. A judge then reviews evidence from both sides and decides the terms based on the facts and what the court considers equitable and necessary.
Regardless of which path applies to your situation, the resulting order is legally binding once a judge signs it. An attorney may help you evaluate which approach fits your circumstances and prepare accordingly.
Knowing the consequences of violating the order
If your spouse ignores or violates any provision, the court has several tools available to address the situation.
A judge may hold the violating party in contempt of court, which could lead to fines, community supervision or even imprisonment up to six months per violation. If the violation involves failing to pay ordered child support or spousal maintenance, the court may also order wage garnishment, asset seizure or suspension of state-issued licenses to compel compliance.
