In many instances when a couple separates from each other, it is necessary to obtain Temporary Orders for the time period between when the divorce is filed and when a divorce becomes finalized. Temporary orders address a number of important issues on an immediate basis so that each party understands his or her rights and responsibilities during the time that the divorce is pending in a court. Generally, temporary orders address who will pay the mortgage until the divorce is final, who will take care of the children and when the children should be with each parent, issues of temporary support from one spouse to another, child support, medical insurance for the parties and the children, and any other issues that the parties feel need to be addressed on an immediate and short term basis before the divorce becomes final.
Temporary orders act like a road map for the time that parties are separating from each other and working through the various details of the divorce. A well drafted and thorough Temporary Order will alleviate many questions and make many situations easier to work through until the divorce is finalized.
Temporary orders are extremely useful in cases where a settlement cannot be reached within the sixty days waiting period in Texas and can make the divorce go more smoothly. In addition, if one party does not follow the temporary orders that are in place, the other party can return to court to obtain relief from the judge. These orders are extremely helpful in high conflict divorces and in situations where the process may take longer than the minimum amount of time required by the Texas Family Code. If temporary orders are requested at the time of filing the divorce, the court will schedule the hearing more quickly than a final hearing can be set. Temporary orders assist individuals in a divorce situation by getting the parties into court more quickly.
There are two ways to obtain temporary orders. The most common way is through the mediation process. Mediation must occur prior to any contested hearing and is cost effective, less stressful, and generally results in an agreement that all parties can live with. If parties agree to the terms of the temporary orders in mediation, there is no need for a temporary order hearing in front of a judge. In a case where the parties cannot agree to terms for a temporary order, it is necessary to prepare for a hearing in front of a judge. In this instance, the judge would determine all issues not agreed upon by the parties. A judge has wide latitude to make determinations regarding your family and your finances during the divorce. Jeredith Jones, Attorney at Law has expertly mediated cases for five years and understand the Judge’s position on certain issues and will assist you in determining what course of action is right for you.
Jeredith Jones, Attorney at Law will discuss with you the need for temporary orders and answer any questions you may have. Call today for an initial consultation with Attorney Jeredith Jones.