Divorce can be a complicated process, and in some cases, it can take months or even years to reach a final settlement. During this time, the parties involved may need to establish temporary orders to ensure that important matters are addressed while the divorce is pending. In Texas, temporary orders can cover a wide range of issues, from child custody and support to temporary use of property and temporary spousal support.
Temporary orders are typically requested by one or both parties involved in the divorce. They can be issued by a judge following a hearing or agreed upon by the parties themselves. The purpose of temporary orders is to establish a set of rules and guidelines that both parties must follow until a final settlement is reached.
Child Custody and Support
One of the most common issues addressed in temporary orders is child custody and support. Texas family law courts are required to base their decisions on the best interests of the child, taking into account factors such as the child’s age, physical and emotional needs, and the ability of each parent to provide a stable and supportive home environment.
Temporary orders can establish a custody schedule that outlines when the child will spend time with each parent, as well as a parenting plan that details how the parents will make decisions related to the child’s welfare. The orders can also include provisions for child support, which may require one parent to make payments to the other to help cover the costs of raising the child.
Temporary Use Of Property
Another important issue that temporary orders can address is temporary use of property. Under Texas law, at the end of a case community property is ordinarily divided equally between the spouses in a divorce. This means that any property acquired during the marriage is considered jointly owned, regardless of who actually paid for it.
Temporary orders can establish guidelines for managing joint property while the divorce is pending. For example, the orders may require that both parties continue to make mortgage payments on a jointly owned home or establish guidelines for the use of other assets such as bank accounts, retirement funds, or the marital residence The court may grant, the temporary exclusive use of certain property by one spouse.
Temporary Spousal Support
Temporary orders can also address the issue of temporary spousal support. In Texas, at the end of a case, spousal maintenance is typically awarded only in cases where one spouse is unable to support themselves after the divorce, either due to a disability or because they have been out of the workforce for an extended period of time.
Temporary orders can establish guidelines for payment of temporary spousal support while the case is pending. The orders may also require the receiving spouse to make efforts to become financially self-sufficient, such as by seeking employment or job training.
In conclusion, temporary orders are an important tool for addressing the many issues that can arise during a divorce. They provide a framework for managing key aspects of the divorce process, such as child custody and support, use of property, and temporary spousal support. If you are considering filing for divorce in Texas, it is important to understand the role that temporary orders can play in the process and to work with an experienced family law attorney like Lundberg Law who can help you navigate the complex legal landscape.
Call or email us today if you have questions or need guidance during your divorce.