What Is a Temporary Divorce Order and When Is It Used?

When a Texas divorce is contested and spouses cannot easily work together on the negotiations and decisions, divorce lawyers sometimes recommend seeking a temporary divorce order to facilitate the process.

Temporary orders, which are orders of conduct that the family court lays out while the process is ongoing, allow divorce attorneys and their clients to handle the negotiations without them being complicated even further by arguing over the details covered in the order.

Through the request and issuance of temporary orders, divorce law firms hope to simplify the divorce procedure by removing arguing points that may not even apply to the final divorce agreement approved by the court.

What Details Do Temporary Divorce Orders Cover

  • Residence - When couples cannot agree on who will move out of the marital residence during proceedings, temporary orders drawn up by divorce attorneys assign who stays and who must relocate, at least during negotiations. 
  • Children - Temporary orders sought by divorce lawyers assign where the kids will live, who will pay child support and how much, visitation schedules, and other related decisions during the progression of the divorce. 
  • Bill Payment - If there are concerns about the bills, temporary orders may also assign who is responsible for paying what bills with regard to mortgage payments, utility and phone bills, healthcare bills, car payments, credit card debt, and other bills. 
  • Spousal Support - A temporary order drawn up by divorce lawyers could also assign one spouse to pay spousal support to another during the progression of the divorce. While the state of Texas does not usually award spousal support, the family court may award support temporarily while details such as the distribution of marital wealth and other related issues are worked out. 

Temporary Orders May or May Not Be Part of The Final Divorce

Ultimately, temporary orders sought by a divorce law firm are designed to stop arguments about the immediate circumstance while spouses separate, allowing them the ability to work on future planning, and making decisions that will be the basis of their divorce.

While some of the decisions the divorce law firms work on and are included in a temporary order made by the judge could become a permanent part of the final divorce order, this is only so if it works out to everyone’s benefit.

Divorce lawyers stress that temporary orders essentially provide a hold-over while they and their clients figure out how to effectively divide the couple and/or family and their wealth, debts, as well as other responsibilities up in the best possible way.

Let's Add This Up

Temporary orders in Texas are just that – temporary.

What matters the most is that spouses use the time under those orders wisely, to work with their divorce attorneys on coming up with favorable agreements that will help complete the divorce process faster and with less disagreement.