Divorces are difficult. When two people decide to separate, they can often have trouble agreeing on how to organize their lives. Temporary orders are rulings by the court used to resolve issues in divorce proceedings between the time of the filing until the divorce can be finalized. For example, if the spouses can’t agree on possessions, child custody, or who pays which bills, the court must make the decision for them.
Many Courts require parties to attend mediation prior to a temporary order hearing. Sometimes, the parties cannot reach an agreement and therefore, a hearing becomes necessary.
How Do Temporary Orders Work?
In order to get a temporary order, a party must file a petition or motion for temporary orders. After the request, a hearing is held. Oftentimes, this is the first hearing that the spouses will attend in front of a judge. While the divorce is pending, the temporary orders will specify conservatorship, visitation with the children, and ordering a party to make payments for child or spousal support and legal fees. The court can also order who remains in the house and who has possession of the marital property until the divorce is resolved. The following are decisions commonly made in temporary order hearings:
- Sale / possession of marital home
- Possession of the family automobile
- Health insurance
- Child support
- Child custody / visitation schedule
- Spousal support
- Uninsured medical expenses
- Restraining orders
- Attorney’s fees
Benefits of Temporary Orders.
One of the biggest benefits of a temporary order is it resolves any interim dispute between you and your spouse until the divorce is finalized. Temporary orders maintain status quo and sets the tone for the remainder of the divorce case.
Why an Attorney Is Important
Even this early in the divorce, it’s important to have an experienced divorce attorney on your side. He or she will be there at the temporary order hearing with you after making sure that you are well prepared for your case. Your attorney and the opposing counsel will present witness and evidence to the court. The judge will review the details of the request, consider underlying facts, ask questions of the parties, get each spouse’s side of the story, and consider each spouse’s financial circumstances and the state guidelines to come to a conclusion. A lawyer will present your case in the best possible circumstances by arguing the case professionally, adhering to court procedure, and by using appropriate legal vocabulary.
If you’d like to discuss the possibility of submitting a temporary order to the court, contact Hendershot, Cannon Martin & Hisey, P.C. Our Texas law firm has more than a century of combined legal experience to put at your disposal and our team of family and business law attorneys have received many awards in recognition's including:
- Super Lawyers: Texas Rising Star: Up-and-Coming 50 Women - 2017
- Super Lawyers: Texas Rising Star: Family Law – 2016, 2017
- Top Lawyers: Houstonia Magazine – 2014, 2015, 2016
- Client's Choice award: Avvo – 2014, 2017
Contact us at (713) 909-7323 or fill out our online form to schedule a case consultation today. Let us give you clear and reliable legal guidance through this difficult time.