Temporary Orders

Once a divorce has been filed the Texas court has wide discretion to enter orders that will govern the rights and duties of spouses while the divorce is pending. The attorneys for the parties will often request that the court issue a mutual temporary restraining order (TRO) without a hearing to facilitate maintaining the status quo until the spouses can reach an agreement. In most cases, a standard temporary restraining order will be granted if it is requested by one or both spouses.

Many clients are doubtful of a ‘restraining order’, believing it to be an order that is requested by the other spouse as the result of violence, stalking, or other inappropriate behavior. However, a TRO is typically mutual (that is, it enjoins both parties) and is merely intended to ensure that the parties, their property and children are protected until temporary orders can be agreed upon or ordered by the judge.

One of the first steps in the divorce process is for the parties to decide which spouse will pay certain of the community expenses, who will have possession of specific community property, which parent will have primary possession of the children, how often the parents will have visitation with the children, the amount of temporary child support to be paid, which parent will be responsible for providing health insurance, whether one spouse will be ordered to pay temporary spousal support to the other, whether one spouse will pay for the interim attorney fees for the other spouse, and whether certain temporary injunctions should be entered by the court to protect the parties, their property, and the children.

Houston Temporary Orders Attorney

At Wilhite & Lea, we assist with every aspect of temporary orders, including the filing, negotiations, and hearings. Our houston divorce lawyers can assist you with every step of the process while assuring that you're rights are protected. If you're involved in a divorce, and feel that you need temporary orders, or if your spouses' attorney has filed for a temporary orders hearing, contact our firm to immediately discuss your case with an attorney.

Temporary Orders | Protection for You and Your Children

Courts will often mandate that the parties mediate their disputed issues before a temporary orders hearing can be set. If the parties cannot agree on all of these issues, they can ask the judge to make some or all of those decisions for them at a temporary orders hearing. Once entered, by agreement or decree of the court, temporary orders will provide the rules spouses live by during the divorce process.

The court will look at your situation and what is in the best interests of your child/children when issuing temporary orders. Generally, temporary orders can be requested for the following:

• Child custody
• Child support
• Spousal support
• Insurance and health coverage
• Parenting time
• Bank accounts and credit cards separation
• Marital Residence
• Use of family car
• Attempted parental relocation
• Property Injunctions

Temporary Spousal Support & Parenting Time

In a circumstance where a spouse works in the home or income from working outside the home is significantly lower than the other spouse, Texas courts may enter an order for temporary spousal support. Texas law mandates that spouses support one another as long as the case is pending. Furthermore, if a spouse and children are insured under the health benefits of the other spouse, the court may order that the spouse with health insurance continue to supply health insurance coverage throughout the pendency of the case. When the divorce is final, ex-spouses are consigned to COBRA coverage (Consolidated Omnibus Budget Reconciliation Act), or to a health insurer of their choice.

As far as children are concerned, temporary primary custody may be granted to one parent; the primary joint managing conservator (PJMC). The primary joint managing conservator has the right to designate where the child will reside pending the finalizing custody arrangement. Typically, substantial visitation will be granted to the non-custodial parent.

Temporary Restraining Order (TRO)

Temporary restraining orders remain in effect for 14 days once issued by the court and can be extended up to 14 days by law. The idea of a temporary restraining order is to maintain the status quo until the temporary orders are in effect. A temporary restraining order is not a protective order. If you provide sufficient evidence of a history of family violence and likelihood it will occur in the future, the court may enter a protective order which can last for up to 2 years. Law enforcement agencies maintain records or protective orders and can promptly assist you by removing the violating individual and incarcerate them before a hearing. In Harris County, the 280th District Court attends to all protective orders in family law cases.

Wilhite & Lea, P.C. | Houston Family Lawyers

If you need legal assistance with temporary orders, contact the attorneys at Wilhite & Lea. Our Houston family lawyers handle cases in Houston or surrounding areas, including Harris County, Washington County, Grimes County, Montgomery County, Fort Bend County and Waller County. Call (281) 537-2171 or provide more information in our online form on your specific temporary order situation or questions.