Temporary Family & Divorce Orders
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Not all family law court orders are made as a final say after a lengthy trial or conference room negotiations. Temporary orders are created while matters are pending and serve as legal guidelines that may or may not change at the case’s conclusion. Since a temporary order is still a court order, it is important that you understand and adhere to their guidelines to avoid legal trouble.
Need help with temporary orders? O’Neil Wysocki Family Law is here to help so you know exactly what is expected of you. Contact our attorneys today to tell us about your case. We serve clients throughout Texas.
What Happens at a Hearing for Temporary Orders?
An impending divorce or overshadowing family law dispute can place uncertainty into your life. In order to restore some stability, you can create a petition for temporary orders at a family law court.
Your petition will schedule a hearing that includes you, your spouse, both of your legal representatives, and a presiding judge.
During the hearing, temporary orders that can be discussed include:
- Deciding child custody arrangements while a divorce is pending.
- Calculating child support until it is made permanent.
- Establishing spousal maintenance payments, or alimony before a divorce concludes.
- Created parenting time schedules if a parent is already deemed unfit for conservatorship.
- Choose who lives in the marital home before asset division is made official.
Benefits of Temporary Orders in a Pending Divorce
Temporary orders serve a unique and helpful purpose in the average divorce. By forecasting how life will be after a divorce ends, each spouse can get a clearer idea of what arrangements they actually want out of the divorce. For example, a temporary order that assigns a certain child support amount can tell both parties if the amount paid each month is too much or too little. Similar advantages can be perceived regarding child custody arrangements and so forth.
How Long Does a Temporary Custody Order Last?
Temporary custody orders, also known as pendente lite orders, provide short-term solutions to parenting disputes that can wait for a regular hearing, but can’t wait until the end of the legal proceedings. Temporary custody orders last until the legal proceedings are complete and a final child custody order has been entered.
When Do Temporary Restraining Orders Become Permanent?
In Texas, a TRO lasts for 14 days or until your temporary orders hearing, whichever is first. But what about after the hearing? If a set of temporary orders worked for all family members, then the court might choose to turn the temporary order into a permanent or final order to finalize the divorce.
This is another added benefit of temporary orders, as it makes the transition from divorcing to divorced seamless and relatively stress-free. In case a temporary order did not work for one or both spouses, it should also be easier to work out a middle ground agreement.
Modifications & Violations of Orders
Like final court orders, a temporary court order can be modified through an additional petition to the court. Modifications of this nature rely on the regulations as any other.
A court may approve of your modification of a temporary order if:
- You have undergone a significant life change in circumstances.
- You unexpectedly lost your job.
- You fell ill or suffered a serious injury.
- Your child’s needs have changed noticeably since the initial petition.
Violating a temporary court order also carries the same consequences as violating a final divorce agreement. Spouses who are found to be in violation of a temporary order can be ordered to pay fines, lose rights of parentage, or even face strict legal penalties. If temporary orders have already been filed and approved in your pending divorce, be careful to follow them closely and at all times.
Have Questions? We Have the Answers – Call (972) 852-8000
Our lawyers have more than 90 years of collective legal experience managing divorce cases of all sorts, including those governed by temporary court orders. If you need help interpreting a temporary order, or if you need to create a petition yourself, we are the legal team for you. Get a case evaluation to learn more about our services and discuss what you should do next.