Temporary Orders

Sometimes divorces take a while and when you have children and/or significant debt or property like a house, it needs to be determined what is going to happen with everything during the pendency of the divorce.

That’s when temporary orders come into play.  Temporary orders identify what custody, visitation and child support will be while the parties are working out the details of the divorce.  Temporary orders will also identify who lives in the house during the divorce and who is going to pay which bills.  If one spouse hasn’t worked in a while or makes significantly less than the other spouse, temporary spousal support may be in order.

So how does this happen?  When a spouse files for divorce and he or she knows there will need to be temporary orders, the lawyer will set a hearing for temporary orders.  If you can agree to what is going to happen with everything temporarily, then there may be no need to go to court for a hearing.  However, if you cannot agree, you will go to court, a judge will hear the facts, and decide for you.

Sometimes if the temporary orders are close to what you want things to look like in the final divorce, you may be able to iron out all the other issues and incorporate the terms of the  temporary orders into the final decree of divorce.  Once the final decree of divorce is entered (signed by the judge), the temporary orders go away and the final decree is then in effect.

If you know you will need temporary orders, it is a good idea to go to court for the Temporary Orders Hearing represented by a lawyer; particularly if your spouse has a lawyer. It may be your inclination to blow off a temporary orders hearing thinking it is not a big deal because it is only temporary.  Temporary orders hearings are important because there are certain temporary orders that are very difficult to reverse.  For example, if your spouse is awarded use of the house while the divorce is pending and you want to kick him or her out because you want to live in the house during the divorce instead, you will have a problem.  So long as your spouse is meeting all the financial obligations with respect to the house, it is nearly impossible to move back in that house.  Another reason to pay attention to Temporary Orders Hearings is because those orders last the life of your divorce proceedings and if you have a contentious divorce those temporary orders could be in effect for months if not years.

You should always be vigilant throughout the divorce process to assure your rights are protected and temporary orders hearings are no different.

Ami J. Decker
www.famlawtex.com