Written by attorney Luis Isaac Midence

Temporary Orders in a Texas Divorce Case

In Texas, there is a minimum 61 day waiting period for a divorce. That means from the day you file your petition for divorce, 61 days must go by before you are eligible to get divorce. After the waiting period, you can go to the Court with a final decree of divorce and finish the divorce case. The only divorce cases that finish right at the end of the waiting period, are the divorce cases that are agreed to. Divorce cases were there are disagreements about child custody and/or property distribution can last over a year. Parties to a divorce need to have some rules in their lives while their divorce is pending. This is where Temporary Orders in a divorce come in handy.

Not all divorce cases need temporary orders, but most divorce cases do. Temporary order hearings usually occur within two to four weeks of a divorce being filed. At a temporary orders hearing, a judge or associate judge will make decisions regarding temporary use of homes and cars. Also, temporary child custody, visitation, child support, and health insurance decisions are made at temporary orders hearing. Oftentimes, these hearings are the most crucial moment of any divorce case. Temporary order decisions will last for months and sometimes years. Also, the final decree oftentimes looks very similar to the temporary orders decision.

For those reasons, it is very important to hire a family law attorney well in advance of your temporary orders hearing. The moment you are served with divorce papers, you must begin your search for a divorce lawyer. In the consultation, discussions regarding the temporary orders hearing should be underway.

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