Divorces can take some time to finalize, especially if they involve complex circumstances that require spouses and their divorce attorneys to go through extensive negotiations or must be decided in family court.
In these instances, you may need Temporary Orders under certain circumstances to attend to issues that just cannot wait until the divorce is finalized.
Anything that you feel cannot wait until the divorce is finalized, such as child custody, possession of the joint home, or other things needing immediate attention can be handled if your divorce lawyer files a Temporary Order.
What Are Temporary Orders?
Temporary Orders are a non-permanent court order in a divorce case that is to be followed until the divorce is actually finalized.
Temporary Orders in a divorce are not the same thing as temporary restraining orders, although attorneys do point out they may include some of the same restrictions.
Essentially, they are court orders that make a temporary decision regarding your divorce based on available preliminary information and will later be replaced by the final divorce order.
When Should A Temporary Order Be Filed?
Customarily, Temporary Orders are filed and heard within two weeks of filing for divorce if a Temporary Restraining Order or TRO had already been requested.
Otherwise, the filing of a Temporary Order will depend on how urgently you need for a decision to be made on a particular matter and the scheduling time frame of the involved family court.
You may face an unexpected family crisis that needs immediate attention, at which time your divorce lawyer will suggest petitioning for a Temporary Order to resolve the issue.
If you face spousal or child abuse or other child welfare concerns, a Protective Order may be needed to restrict your spouse’s access to the involved victims.
Temporary Orders can allocate child support funds, enforce continued health insurance benefits, declare rights to certain family property, and dictate conservatorship, possession, and visitation until the final divorce order is made.
How Are Temporary Orders Pursued?
The hearing involves presenting evidence as to why the order is being requested, after which the judge will decide if the order is deemed necessary.
What If the Temporary Order Is Violated?
Temporary Orders exist to help protect you when involved in a divorce and help both you and your spouse live a normal life as much as possible until the actual divorce including those decisions is finalized.
If your spouse violates the Temporary Orders, he or she can be held in contempt of court and risk their position in the divorce being compromised when a final order is given.
While they are not the final say in a divorce case, Temporary Orders can help you during the negotiation by securing funds, maintaining access to family property, and giving temporary custody until the divorce is concluded.
When divorce negotiations may take some time yet an answer is needed sooner, divorce attorneys may suggest that you petition for Temporary Orders that can provide a temporary answer until the divorce is actually finalized!
Reynaldo Garza, III
680 East St. Charles St, Suite 600
Brownsville TX 78520