We have all heard the expression that “Rome wasn’t built in a day.” Well unfortunately, that adage holds true for your divorce or lawsuit pertaining to your child.
In Texas, a divorce cannot be granted until at least the 60th day after the Petition for Divorce was filed. (Do not expect that your divorce is going to be final on the 60th day because that almost never happens.)
The time span between the date of the filing of the Petition for Divorce and the date the Final Decree of Divorce is signed can range from a few months to a few years. Often parties to the lawsuit are unable to agree about how life will look during this in-between-time. So, the Texas Family Code allows parties to request a hearing on temporary orders and gives the Court the authority to grant temporary orders. Temporary orders generally address issues related to children and property and can also enjoin parties from doing certain things.
Each spouse has an obligation to support the other spouse for so long as the parties are married. With that in mind, we often see provisions in temporary orders that do not carry forward into a Final Decree of Divorce.
Temporary Orders is a big topic which encompasses a lot of information. For that reason, I am going to talk about various issues in separate blogs and videos. This particular blog/video provides general information which lays the framework for the following blogs and videos.
Temporary Orders for Issues Relating to Children:
The issues related to children which can be addressed by temporary orders include, but are not limited to:
- Conservatorship
- Possession
- Child Support
- Medical Support
- Appointment of Attorney Ad Litem or Amicus Attorney for the child
- Drug and alcohol testing
- Appointment of various experts, such as psychologists, psychiatrists, educational diagnosticians
- Child Custody Evaluation
- Social Studies
Temporary Orders for Issues Related to Property:
The issues related to property which can be addressed by temporary orders include, but are not limited to:
- Temporary award of marital residence
- Temporary award of personal property
- Cars
- Personal items
- Bank Accounts
- Livestock
- Temporary award of management of businesses
- Temporary payment of debts
- Mortgage
- Car Payment
- Living expenses
- Insurance
- Credit Cards and other unsecured debt
- Temporary Spousal Support
Injunctions
The Court can also issue Injunctions. An injunction is an order which prohibits a person from doing a certain act. During a divorce, the purpose of the standard injunctions is to maintain the status quo and to preserve the community estate by prohibit parties from hiding and squandering assets. Injunctions can also protect children and parties from harassing behavior.
Before I go to court for a hearing on temporary orders, I need information from my client to properly prepare and also to use as evidence at the hearing, which I will talk about in my next video.
Remember that good results take time and patience is a virtue.
