When you’re going through a divorce, it’s important to manage expectations and know what each step in the process looks like. After all, the last time someone failed to meet your expectations you found a family law attorney’s blog online and now you’re reading this article.
Filing for divorce is as clear a sign as any that you’re ready to distance yourself from your significant other. Unfortunately, some spouses just don’t get it and won’t give you the space you need. In most cases, there’s an immediate need to address issues such as finances, custody, support, and even reduce the risk of harm during a divorce. A temporary hearing could be exactly what you need to protect yourself, get everything in order, and maintain a status quo as you proceed with the divorce. We want to help you understand what temporary orders do and what you can expect at your hearing.
Filing for a hearing
Before we get into which issues will be covered during the hearing, it’s important to know how to request a hearing in the first place. You will need to request the hearing in your petition and define what orders you’re requesting the Court issue. In some circumstances, you may be required to submit a supporting affidavit. After you’ve filed a petition to the court, the petition and any orders or hearing requests will need to be personally served to your spouse. An attorney can help you through the filing and service process.
Most courts also require both parties to appear at the temporary hearing with a list of monthly expenses, tax returns, and recent pay stubs. You should gather this information early.
Temporary restraining orders
Most people hear the term “restraining order” and panic. A temporary restraining order IS NOT a protective order. I like to think of the Temporary Restraining Order as “30+ Don’t be a Jerk Rules.” The purpose of a Temporary Restraining Order is to maintain the status quo, and the restraining order will prohibit the other party from making jerk moves like wiping out bank accounts, excluding you from your house and vehicle, or selling your personal property. If you have children, the order will also include prohibitions against withdrawing the children from their school/daycare, hiding the child from the other party, and disparaging the other parent to the child. A temporary hearing will be set within 14 days of the Court issuing a temporary restraining order.
Many counties already have automatic standing orders in cases involving divorce or child matters that reflect the injunctions contained in a standard temporary restraining order, and the standing orders are issued and attached to the initial filing. In these counties, it may take longer to get a temporary hearing set.
Temporary financial support
Another purpose of a temporary hearing is to decide how the household bills and expenses will be paid while the divorce is pending, and the court could issue temporary support payments be made to a spouse. If you sacrificed your professional career to run the house or care for your children, you probably won’t have steady income immediately, and you shouldn’t suddenly be expected to pull money out of thin air to support yourself. Instead, you can file a motion to the court to ask that your spouse be ordered to pay the bills and/or make temporary support payments.
This isn’t about sticking it to your (soon to be) ex for what you’ve gone through as much as it is about providing financial stability as the divorce process plays out. Remember, the Courts try to maintain the status quo, and the goal is to ensure that the marital estate remains intact until the divorce is made final. The court will also consider which spouse is entitled to live in the family home and keep possession of any shared vehicles at this time.
Most people don’t have the resources and can’t afford to wait until the divorce is finalized to be taken care of. This is why it’s almost always necessary to address the payment of immediate needs such as housing, food, and transportation. Each party’s prior financial contributions to the household and the ability to provide for the monthly expenses will be important in determining whether additional support is needed or not.
Child custody
In an ideal world, families would stay happy and healthy together. Unfortunately, we don’t always live in an ideal world. When you go to a temporary orders hearing when there are children involved, the court will sort out the immediate custodial rights and duties of each parent. This includes, in most cases, naming the parents as joint managing conservators and designating which parent has the right to make important medical, psychological, and educational decisions, designate the child’s primary residence, and who will receive child support. The party who is granted these rights is commonly referred to as the parent who has “Primary”, but it’s important to keep in mind that the orders issued at the temporary hearing are meant to provide the child with stability and won’t necessarily be the final orders.
It’s a common misconception that the courts always favor mothers, but Texas law specifically prohibit the courts from discriminating based on sex and gender when determining which parent has “Primary.” The Court must always find that orders are in the best interest of the child, and a temporary hearing may be needed to allow the Court to examine the evidence to decide which parent will provide the children with a more safe, stable, and happy environment while the case is pending. You should be prepared to showcase why you’re the right parent for primary conservatorship not only long-term but also during your divorce.
Work with your attorney
You’re more than welcome to try to go through this process on your own. Texas has resources available for couples to file for divorce on their own. However, if you’re dealing with a particularly difficult spouse or have a lot of ground to cover to finalize your divorce, you should work with an attorney.
Attorney Dawn King will always give your case personal attention and provide you with honest advice. If you’re ready to get powerful results, contact us today and we will take on your spouse together.