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Obtaining temporary orders in a Texas divorce

Obtaining temporary orders in a Texas divorce
Hendershot, Cannon & Hisey, P.C.

If you are starting the divorce process, you are entering a process with an end goal of a fair division of property and a custody and visitation plan that is in your children's best interests. Before you reach that goal, however, you may feel like you are facing more immediate problems. Where will your kids live while the divorce is pending? How will you pay your bills? Which one of you will live in your house? What if your spouse tries to force you to accept terms that are not fair or in the best interest of your children?

Many families have these problems during divorce. Because they are so common, the Texas family code gives your attorney the ability to protect you and make sure that you can have a stable life while your divorce proceeds.

  • Children: Texas courts may issue temporary orders for custody and visitation and child support. They can issue temporary restraining orders that protect your children and prohibit your child from being moved out of a certain area.
  • Living arrangements and spousal support: A court may order temporary spousal support. A court can also decide which spouse will live in the family home during the divorce.
  • Property: A court can take a number of measures to ensure that property is protected during divorce, including:
    • require an inventory and appraisement of all property;
    • order spouses to provide books, papers and other documents;
    • appoint a receiver to further protect property;
    • prohibit spouses from spending excessively.
  • Businesses: A court can provide a temporary order that gives one spouse control over a business.

Courts also can issue temporary restraining orders in cases involving domestic violence or abuse. A family law attorney can advise you on the applicability of the Texas family code to your situation and minimize the stress of the divorce process on your life.

Source: Texas Family Code, Title 1, Subtitle C, Chapter 6, Subchapter F, Section 6.501; Texas Family Code, Title 5, Subtitle A, Chapter 105, Section 105.001