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What Are Temporary Orders in Texas Divorce?

A temporary order filed during a divorce in Texas tells the parties what they may and may not do while the case is pending. If children are involved, temporary orders establish provisions for support and visitation prior to the final trial. If there are issues of property, these orders establish specific types of property and who must pay certain bills until the case is finalized.

Protective orders are different and used in cases of violence, or if parties are fearful of violence.

An award of property or custody on a temporary basis does not mean that property and custody will be awarded in the same manner on a final basis. However, while temporary orders in Texas are not determinative of a final judgment, they often serve as important indicators of the relative strength or weakness of a case. If one parent is granted the right to determine the primary residence of the child on a temporary basis, it is more likely that they will receive primary custody on a final basis.

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Why Are Temporary Orders Necessary?

Contested family law cases often take anywhere from several months to several years from initial filing until final resolution. A temporary order for divorce in Texas is often necessary to help the parties get along during that process.

In custody cases, temporary orders help to create stability and consistency for the children and give the court the opportunity to see how a visitation arrangement will work. If one parent does not comply with court orders, it is often an indication that a different custody arrangement may be necessary on a final basis.

In property cases, temporary orders ensure that all of the bills get paid and both parties have access to community funds. Often, parties are able to negotiate a temporary agreement, but if that is not possible, the issues will be presented to the judge.

What Happens During a Hearing?

A Texas temporary order hearing takes place before a judge. The judge will hear evidence, usually in the form of testimony of the parties, prior to making a decision. You will likely be called as a witness and asked questions by your lawyer and your spouse’s lawyer that are relevant to the decision of filing the order.

Your lawyer may help you present any documentation or proof of the issues in your case to the judge. Other family members, teachers, or doctors may also be called to testify, depending on the circumstances of your case. These hearings often have a time limit, so not every issue in your case will be discussed.

How Should I Prepare?

Hearings for temporary orders in Texas divorces often occur very early in the process, so it is important to provide your attorney with all the information they may need as soon as possible. At the Ramos Law Group, we ask our clients to complete certain ‘homework’, and the more detailed you can be in preparing your documents, the better the lawyer will be able to represent you in your temporary order case.

If you think medical or school records may be important, tell your lawyer right away, as collecting these types of documents in a format acceptable to the judge takes some time. Discuss the major points of your testimony with your lawyer, and listen to your lawyer’s advice regarding your testimony, as points that may seem important to you, may not be relevant at this hearing.

If you are intending to use a temporary order during your Texas divorce, review all of the pleadings filed on your behalf so you know what you are asking for and be prepared to answer questions about what you want.

Contact an Expert Divorce Attorney

For more information about how to prepare for your hearing, or for general advice on how to proceed with your divorce, call for a consultation with our experienced attorneys today at 713-597-8915.

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Our Client Testimonials

Superb Law Firm

The decision to end my 25-year marriage was not an easy one, but hiring the Ramos Law Group was. From the initial consultation to the execution of the Divorce Decree everyone at the firm displayed the utmost professionalism and I was treated as if I was their only client. My attorney Lindsey, always provided precise legal guidance, was usually one step ahead of the opposing counsel, and had a superb understanding of how things would play out in the court room. Additionally, whenever my case needed a little extra horsepower, Mary provided that "surge" to keep things on track.

Worth Every Penny

"Ms. Ramos and her entire staff worked with professionalism and compassion to guide me through the most difficult time of my life and to an outcome that was best for my family and myself. Ramos Law is incredible and I highly, highly recommend their services."

Custody case won

"I was recommended to see Mary Ramos for my on coming custody case,it was the best thing I could've done honestly.The Ramos law group was quick with emailed responses and telephone calls,informative with ANY questions I had and they also took action with what they thought would work,which it did,I had money troubles and they were still willing to help they sent me with a younger lawyer Lindsey Lewis to help save some money and she was the best!She knew what she was doing and Mary was still on my case to make sure things went smoothly and to catch any details Lindsey and I might have missed.All in all I am a very satisfied client and if I ever needed a family lawyer again I would come back.My case was won as I received primary for my daughter which is exactly what I asked for.If you're willing to listen to what they have to say and follow their guidance they're definitely worth hiring.I thought I wanted sole custody for my daughter and they explained that wasn't in the best interest for her and honestly they were right,they speak to you on a professional level and also a real level of how things are actually going to work and what could happen if you take a certain action.They definitely care about their clients and make their own bond with you,you're not just money in their pockets you turn into family. "

Divorce Attorney

"I received excellent advice and representation from Ms. Lindsey Lewis. She kept me updated at every step of the process, and I never felt as if my case was set aside. I would hire The Ramos Law Group in the future. "

Highly recommend

"I started my divorce with a lawyer who was not very responsive. My divorce case was complicated and needed more laborious scrutiny. Since the case was not moving forward I had to switch lawyers. Made the switch to Ramos Law group. Since the very first day Mary and her team have been very efficient and meticulous. Since the case was complicated the team had to go through myriads of pages in discovery. I was pleased with the legal team that helped us handle the paperwork in a very timely manner. All my questions were answered very promptly. The relay of information was easy with their software system. We finally had a law firm that we could trust. My divorce was finalized and I only have Mary and her team to thank for going through a difficult divorce. I would highly recommend the Ramos law group for their help and support for getting my life back on track. "

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