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Understanding Temporary Orders in Divorce Litigation   Recently updated !


There is no guarantee of how long a divorce would take. There are a lot of factors in play. One of the biggest factors is the cooperation, or lack thereof, of the opposite side. If your spouse disputes every small detail, the proceeding can extend. The problem is, there are certain adjustments that cannot wait.

Temporary Orders

When a party files for divorce, there are different reasons, and some of those reasons could be urgent. If the spouse is abusive, for example, then it is important for the couple to separate. 

In Texas, after a petition for divorce has been filed, the court can decide to hold a Temporary order hearing. One of the usual reasons is security. If you feel that you are unsafe living with our spouse, then you would want to separate right away. You would also want to ensure that you have custody of your child. You can file for a protective order or a restraining order. This will be part of a temporary order hearing.

If you want to live away from your spouse but he refuses to move out, the court can issue the order and even prevent your spouse from visiting you, or to stay a certain distance from you or your children.

The court can decide whether who gets to stay at the family home, who will pay for the bills and whether there should be spousal support. These can actually be overturned at the final divorce.

Some judges can also require mediation before the issuance of temporary orders. They can meet with the lawyers of both parties and work out the arrangement. 

Voluntary vs. Contested Temporary Orders

Some temporary orders can be signed voluntarily by both parties. This may not even require the intervention of a judge. However, when temporary orders are contested, then there will be witnesses and hearings, which can be very similar to a trial. 

Divorce lawyers would remind their clients that the judge issuing the temporary orders will also be the one to decide the final divorce decree. Thus, they may question the wisdom of disputing a temporary order, which is similar to a strategy of losing the battle to win the war. 

Temporary orders, as the name states, is only temporary and it is better to look at the bigger picture. 

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas.

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