Understanding Temporary Orders in Texas

Aug 31

Understanding Temporary Orders in Texas

Understanding Temporary Orders in Texas
Though each case is unique and accompanied by its own particular set of facts, all family law cases typically will encounter the same steps; the issuing of Temporary Orders is one of the first of those steps taken. 

What are Temporary Orders, you ask? Simply put, Temporary Orders are orders that the Court will sign and bind the parties until the divorce is final. When the parties have a final divorce decree, it will trump and completely wipe out the prior temporary orders.

However, in the meantime, Temporary Orders help the Court ensure that order and civility are maintained while encouraging the safest environment possible as the case continues to be litigated.  When it comes to your home and your children, this means that the Court could decide very early on in a case any or all of the following:

  • Where the children should live (and with which parent) until the divorce is final;
  • Which party should live in the home while the case is pending; 
    • Which fees and/or the allocation of the costs associated with the home such as the mortgage, utilities, property taxes, etc. that  should be paid by each spouse while the case is pending;
    • If any party is entitled to receive temporary spousal maintenance to help pay for any and/or all of the costs associated with the home;
    • Which party is responsible for the utilities and upkeep of the home while the case is pending;
  • If a party should be allowed to take any furnishings and/or pets from the home and if so which ones; and
  • If the home will be ordered to be placed on the market in preparation for its sale (the house may or may not sell before the divorce is final); 
    • If the home is sold before the divorce is final, how the proceeds should be allocated between the parties. 
    • If the home should be refinanced (and when).

If you have been given temporary orders and are ready to know what your next steps should be, contact an experienced attorney today to guide you through the best next steps to take.

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