Temporary Orders Information

Temporary Orders Generally

Texas does not recognize a "separation agreement," "legal separation," or similar document that may be available in other states.

Texas provides that once the divorce is filed, Temporary Orders may be entered. Orders entered during the pendency of the Divorce and to provide basic rules and orders for the parties to abide by for a less contentious period prior to the entry of the Final Decree. Temporary Orders often include provisions for possession of property, use of the home, possession and access to the children, temporary spousal support, temporary responsibility for debts, and Orders to prohibit the other party from hiding, concealing, or destroying assets or relevant documents or evidence.

Prior to consideration of a parties, motion for Temporary Orders, the Court will require the both parties to complete detailed financial statements relating to the assets, liabilities, income, and expenses of the community estate. The parties will be required to present evidence of their earnings, and evidence of any health care benefit plans. This evidence is used to develop Temporary Orders that provide for many elements of the relationship between the parties during the pendency of the divorce.

Temporary Orders Relating to Possession of Real Property: The parties can mutually agree, mediate, or litigate, Temporary Orders Relating to Real Property. The purpose of these orders is to provide for the preservation of any real property owned by the parties, such as their home, lake property, investment property or other real property in which the parties hold some interest in whole or in part. The Temporary Orders relating to these types of property provides who has possession of the property on a temporary basis, who is responsible for any debts service on the property such as mortgages, utilities, who is responsible for the continuation of insurance, and as well who is responsible for the maintenance of the property and other necessary expenses relating to the property. The orders will additionally provide if the property is to be jointly used as in the case of recreation or lake property, or similar for a schedule of use to permit the parties quiet and peaceable use of the property.

Relating to Possession of Personal Property: Temporary Orders relating to personal property permit a temporary division and use of personal property, such as the fixtures and furnishings of the home. This allows parties who are confronted with setting up new households, to proceed in the least contentious manner as possible. The Orders generally provide who will temporarily possess the various kinds of property, as well as maintain it and provide insurance for it. Temporary Orders do not adjudicate the final division of property.

Generally, Temporary Orders as to personal property also provide which party will get which motor vehicle and or recreational vehicles during the pendency of the divorce. The Order will also contemplate and assign which party is responsible for any debt associated with the property, and as well as the maintenance and upkeep of the property.

Relating to Child Possession, Custody and Access, Health Insurance: Temporary Orders relating to the child possession, custody and access, health insurance, and health care decisions are often the most complex portions of any Temporary Orders entered by the Court.

If the parties have children, the Court ensures that the best interests of the children are preserved. These Orders, though they are 'temporary' in nature, that is not the final arrangement, attempt to reduce the contentious nature of sharing children. Shared possession ultimately is decided in the Final Divorce Decree . The terms of the Temporary Orders may later be incorporated into the final decree, unless later changed by agreement or mediation of the case.

Financial statements prepared for the Court is to allow an accurate calculation of the child support one party will pay the other.

The Court will additionally consider which party should continue on a temporary basis to carry any insurance for the benefit of the child, and as well the allocations of the rights of decisions as to health care decisions and educational decisions concerning the children.

Showalter Law Firm wants to ensure that the divorce process reduces the stress and contentious issues to a minimum so that you can focus on yourself and your children.

Relating to Temporary Spousal Support: The Court can enter or the parties can agree to Orders relating to temporary "spousal" support. This temporary support is awarded when one party of the marriage has been a stay at-home-parent, and the other party is the primary bread winner. In that case the party who was the stay-at-home parent needs temporary support to allow them to reenter the job market and seek appropriate employment. This type of support is also awarded when there is a substantial disparity in the earnings or earning capacity of the parties. The temporary Order provides support to the lesser earning spouse prior to the final division of assets. Temporary spousal support is often very limited in amount and in the time period for which it is awarded.

Relating to Child Support, Health Care for the Child: The Final Decree will provide "long term" orders that set in place the mechanisms for child support and insurance for the child. Child support is a function of a mathematical calculation taking into consideration the gross income of the paying party. This includes not only their "pay" but also as well bonus income, commissions, overtime, and extra jobs which are all considered for purposes of the calculation. When one spouse is self employed, works multiple jobs, or owns their own business or corporation, the necessity of a competent legal team is critical. The preparation and review of the proposed Wage Withholding Order is critical.

Care must be taken to assure the calculations in the Order are right, and that the correct amount is withheld from the paycheck of person required to pay support. The decree and related Orders must ensure the child has benefits for health care, either through private insurance, or some state funded program. They also must address which party is responsible for the payment of premiums, and how any "uninsured" medical expenses will be allocated. Showalter Law firm has the skills and resources necessary to reach the proper conclusions as to support whether you are the party receiving, or the party paying, child support.

Temporary Spousal Support (alimony): The Court can enter or the parties can agree to Orders relating to temporary "spousal" support. This temporary support is awarded when one party of the marriage has been a stay at-home-parent, and the other party is the primary bread winner. In that case the party who was the stay-at-home parent needs temporary support to allow them to reenter the job market and seek appropriate employment. This type of support is also awarded when there is a substantial disparity in the earnings or earning capacity of the parties. The temporary Order provides support to the lesser earning spouse prior to the final division of assets. Temporary spousal support is often very limited in amount and in the time period for which it is awarded.

Contact

Call us with your questions about temporary orders as you go through the divorce process in Texas. Call 888-627-4042 or contact our offices in Richmond, Texas, by email today.