Temporary orders are the orders a court may make effective from the time a lawsuit for divorce is filed until it is resolved and the divorce decree is signed by the court. These orders are generally designed to preserve the status quo (current status) of the spouses’ marital property, finances, and children, and may include obligations to pay temporary child support, pay temporary spousal support, and provide for child custody and visitation arrangements. Temporary orders may also prohibit the spouses from selling or transferring significant marital or community property assets. If there are any allegations of family or domestic violence or abuse, the court may issue a stay-away order of protection restricting the spouses’ physical proximity to each other and the nature and means of their communications with each other.
Laws regarding the subjects and processes for temporary orders vary from state to state and are usually located in a state’s statutes—often in the family code or domestic relations code.
In Texas, temporary orders are a critical aspect of the divorce process, providing interim rules for the parties to follow while the divorce is pending. These orders are designed to maintain the status quo regarding marital property, finances, and children's welfare. Texas courts can issue temporary orders that address child support, spousal support, child custody, and visitation schedules. Additionally, temporary orders can include injunctions to prevent either spouse from selling or transferring significant assets, which helps protect the marital estate. In cases involving allegations of family or domestic violence, Texas courts can issue protective orders to ensure the safety of the parties involved, which may include restrictions on contact and proximity between the spouses. The specific procedures and requirements for obtaining temporary orders in Texas are governed by the Texas Family Code. An attorney can provide guidance on how to request temporary orders and what to expect during this interim period of the divorce process.
