It is not unusual for parties to a divorce to assume that everything will stay the same while their case is pending. They assume that each spouse will continue to take care of the children and pay the expenses as they did during the marriage. As convenient as that would be, life does not pause during the time-consuming process of getting a divorce. Bills need to be paid, children need to be tended to, and the spouses involved need to ensure that their joint responsibilities are taken care of while their case is pending and prior to the dissolution of their marriage. To ensure that these responsibilities continue to be met, a judge will rule on a temporary order to maintain a marriage’s status quo while the spouses and the court sort out the details of their divorce. Whether you and your spouse can agree or not on the terms of your temporary orders, diligent and thorough representation is needed to ensure your rights are protected.
At Scroggins Law Group, our award-winning and board-certified Collin County divorce lawyers offer comprehensive divorce representation. That means from the very first phases of your divorce —such as the temporary order hearing —to the last, our team is ready to guide you every step of the way and ensure the best possible outcome.
WHAT TEMPORARY ORDERS CAN ADDRESS
When considering temporary orders, a judge wants to determine how the marriage has operated in the past and make the best effort to maintain stability and routine while the couple’s divorce is finalized, especially if children are involved. This means that everything from parent-child relationships to financial matters must be considered.
Temporary orders can address:
- Child custody – which is known as temporary conservatorship and possession and
access under Texas law.
- Child support – which is usually set by statutory guidelines as promulgated in the
Texas Family Code unless there are extraordinary circumstnaces .
- Spousal support– which the court may order for either spouse with the intent of
ensuring the maintenance of the family and/or protect the welfare of a financially
- Property payments to ensure an expense such as a mortgage on the marital residence
is paid and kept current.
- Joint expenses/debts to ensure all payments are kept current and protect a spouse from
- Possession of the Marital Residence since in most cases it is not recommended that
spouses share the residence while the divorce is pending.
Ideally, even spouses who are in conflict will come to an agreement on these matters before the temporary order hearing. Often that is not possible. If not, the courts will hold what is basically a “mini” trial to decide the temporary issues before it. Our attorneys have experience in creating a strategy to resolve temporary issues, and in preparing our clients for a temporary hearing if it is necessary.
COUNSEL FROM A COMPASSIONATE DIVORCE ATTORNEY
Have more questions about temporary orders? Contact our Collin County family attorneys in our Frisco office to set up an initial, no-obligation case evaluation today in order to explore your options by calling 214-469-3100. We are ready to hear from you.