The Divorce Temporary Orders Guide

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Divorce Lawyer in Spring TX: One of the biggest concerns spouses have after filing for divorce is, “What happens now?” It is vital for you to fully understand all the stages of the divorce process so that there won’t be surprises during the pendency of your case. Knowledge and preparation are key to positive outcomes for you and your family.

DIVORCE TEMPORARY ORDERS

Spring TX Divorce Lawyer: Once the divorce is filed it is time to take stock for their situation. Things to consider include:

1. How community expenses are going to paid
2. Who will have use of and possession of specific community property such as vehicles and the marital residence
3. Who will be the primary parent in possession of the children
4. What sort of visitation the children will have with the parents
5. The amount of temporary child support
6. Which parent will be responsible for providing health insurance
Temporary spousal support
7. Whether one spouse will pay for the interim attorney fees for the other spouse, and
8. Whether temporary injunctions be put in place

It may be necessary if the parties cannot agree on the above issue to ask the court for orders to determine how the parties’ relationship with the children and finances will be handled while the divorce is ongoing.

These court orders are called “temporary orders” and can include temporary provisions ordering:

1. the payment of temporary alimony
2. the payment of Temporary child support
3. Temporary residency restriction for the children;
4. Temporary conservatorship/custody of the children;
5. Temporary medical support;
6. Temporary possession of and access to the children (possession schedule);
7. which spouse pays specific debts during the divorce process
8. Temporary exclusive use of motor vehicles;
9. Temporary payment of expenses related to the household, including the mortgage and utilities;
10. Temporary payment of insurance premiums, including auto insurance, health insurance, life insurance, and homeowner’s insurance;
11. Temporary exclusive use of personal property and furnishings;
12 Payment of attorney fees
13. Temporary exclusive use of the marital residence and;
14. who has the use of other community property, such as vehicles

MAINTAINING THE STATUS QUO

Spring Divorce Lawyer: Often the court does not want to make any major changes to the parties lives by its Orders. This might mean the court prevent a party from substantially changing accounts and policies so that the community estate and the parties are protected financially.

An example of this would be the Court Ordering a party to maintain health insurance on his or her spouse and the children.

Another example of maintaining the status quo would be the Court Ordering that the parties have the exclusive use of the vehicle they normally drive. This does not mean they will get that vehicle on final orders.

ARE TEMPORARY ORDERS REQUIRED?

Houston Divorce Lawyer: Temporary Orders are not mandatory. Some spouses can work together informally to take care of issues related to property, bills, and children, child support, payment of debts, and possible temporary spousal support.

IS A COURT HEARING REQUIRED TO OBTAIN TEMPORARY ORDERS?

It is not always necessary to go to Court to obtain Temporary Orders sometimes it is possible to negotiate formal temporary orders outside of court. Sometimes this done over the phone and then orders are drafted. Sometimes this is done through mediation prior to a Temporary Orders Hearing.

WHEN NEGOTIATIONS FAIL

Divorce Lawyer in Houston: If Temporary Orders cannot be worked out informally and a dispute arises, a party can request a hearing before a judge to obtain temporary orders. These Temporary Orders will remain in place until the final divorce decree is entered or the court makes additional orders.

A temporary orders hearing is often like a mini-trial or a preview of what the final trial will look like. The attorneys present arguments, examine witnesses, and present evidence before the judge. This gives the Judge an idea of the temporary issues at hand that need to be decided.

These Orders are temporary and generally designed to maintain the parties’ status quo until the case is finalized. However, tactical advantages can be gained during this stage with respect to final child custody or property division. You can also see in what direction a Judge is leaning on the particular issues in the case.

NECESSARY FINANCIAL INFORMATION FOR A TEMPORARY ORDERS HEARING

Divorce Attorney Houston: During a Temporary Orders hearing it is important to bring certain financial documents to show the Court so that the Judge use that information to help makes financial orders that will last during the pendency of the divorce.

Typically, the documents needed include:

your three most recent pay stubs
your prior year’s tax return
W-2’s from the prior tax year
Any 1099’s
All documents pertaining to any life, casualty, liability, and health insurance;
documentation as to the cost the family’s health insurance as well as documentation as to the cost of only the children’s monthly health insurance amount.

Failure to provide these necessary documents can have a negative impact on you during the pendency of the divorce ... Continue Reading