Temporary Order

After the original petition for divorce is filed, the court can make orders affecting the parties rights and responsibilities with respect to their property. The point of temporary orders is to stabilize the parties and their children, preserve and protect the community estate, and ensure that business on a thoughtful new normal can continue pending final resolution of the case with a final order.

The courts commonly make two kinds of temporary orders. The first, called the Standing Order, goes into effect upon filing of every divorce in Travis, Williamson, and Hays Counties. I’ve posted a copy of each counties’ order in these pages under the Forms tab. The Standing Orders apply to everyone in family court and aim to maintain the status quo. They prohibit very specific conduct that may tempt the bad actor. I ask every client to read these orders word for word, but the bottom line is: don’t harass your spouse, don’t commit fraud, don’t divert funds or conceal assets, don’t cancel services or insurance, and don’t destroy anything.

QUESTION: What about Temporary Restraining Orders?

ANSWER: The standing order functions like a restraining order for most common TRO purposes only it’s better because it covers a lot of issues with no affidavit necessary, you don’t have to go to court to get it, and it doesn’t expire by operation of law.

Still, you can get a restraining order in family court on any number of issues specific to your case that are not covered by the standing order. If the TRO is granted at the beginning of the case, sometimes it is convenient to have the hearing on the matters in the TRO at the same time as the contested hearing on regular Temporary Orders.

The courts also make Temporary Orders customized to the facts of one’s specific case. These orders can be put in place upon presentation of an agreement to the court, or after the court decides the issues during a contested hearing. In cases involving children, a temporary order will include a parenting plan, which I discuss at length in pages concerning children.

The following list describes specific things the court can do affecting a party’s property during the temporary orders phase of a lawsuit in family court.

Sec. 6.502. TEMPORARY INJUNCTION AND OTHER TEMPORARY ORDERS. (a) While a suit for dissolution of a marriage is pending and on the motion of a party or on the court's own motion after notice and hearing, the court may render an appropriate order, including the granting of a temporary injunction for the preservation of the property and protection of the parties as deemed necessary and equitable and including an order directed to one or both parties:

(1) requiring a sworn inventory and appraisement of the real and personal property owned or claimed by the parties and specifying the form, manner, and substance of the inventory and appraisal and list of debts and liabilities;

(2) requiring payments to be made for the support of either spouse;

(3) requiring the production of books, papers, documents, and tangible things by a party;

(4) ordering payment of reasonable attorney's fees and expenses;

(5) appointing a receiver for the preservation and protection of the property of the parties;

(6) awarding one spouse exclusive occupancy of the residence during the pendency of the case;

(7) prohibiting the parties, or either party, from spending funds beyond an amount the court determines to be for reasonable and necessary living expenses;

(8) awarding one spouse exclusive control of a party's usual business or occupation; or

(9) prohibiting an act described by Section 6.501(a).

As a threshold matter the temporary order addresses which party may have the exclusive right to occupy the marital residence. In cases involving children, that person is commonly the home parent. After deciding the residence, the court goes about looking to make sure that bills get paid. One way to do this is to order a cash payment from one spouse to the other, two common sorts of this are child support and spousal support. Another way to do it is to order one spouse to pay certain bills directly, including mortgages, insurance policies, and opposing attorneys.

QUESTION: What about pets? Where do the pets live on temporary orders?

ANSWER: It’s best to agree on this, but when the parties can’t the courts will consider that pets are property and that title to the animal matters. Is this pet mine, yours, or ours? Pets also exist for a purpose, whether it be a formal service animal or for comfort and companionship. Obviously, service animals go with their masters to keep working. For community companionship animals, I’ve seen parties share animals and for animals to accompany bonded children between parent’s houses.

HILARIOUSLY: In one case when the parties could not agree on temporary possession of a parrot, the court heard testimony that the parrot would not speak to one spouse and the court ruled that the parrot reside with the spouse with whom the parrot could converse.

In making orders for temporary support the court looks to numerous factors. I discuss child support elsewhere in these pages at length. There are no guidelines for spousal support; their determination is entirely needs and means based. Temporary support is not intended to equalize lifestyle, but to meet proven needs during the pendency of the case. In certain instances, the payment of temporary support is a creditable factor in the final division.