What Is a Temporary Order in Divorce?

A contested divorce can take a long time—more than a year in most situations. It is not unusual for one spouse to move out of the house for the duration of the divorce. What happens to the children? And how do you support them when they aren’t living with you?

In a League City divorce, you can request temporary orders from a judge. These orders are just what they sound like—temporary, and last only until your divorce is finalized. At that point, the final orders come into effect.

Temporary orders are necessary for most couples with children, as well as those who need temporary spousal support. Others might need them, too, depending on the situation. Contact League City divorce attorney Tad Nelson to learn more.

Examples of Temporary Orders

We have seen temporary orders used for the following:

• Decide which spouse will stay in the house for the duration of the divorce
• Allocate household bills between spouses
• Award temporary custody of the children and approve a visitation schedule
• Determine how much parents will pay in child support until the divorce is finalized
• Award temporary spousal support

These orders help address the most pressing issues so that the couple can actually proceed to their divorce. Without these orders, couples might bicker or even try to flee with the children.

Why Temporary Orders Are Challenging

Judges will approve temporary orders before any discovery has been performed in the divorce and before the judge has a handle on the facts. It is not unusual for both spouses to be unhappy with temporary orders. We recommend hiring an attorney as soon as you decide you want to divorce.

Your attorney can clearly and powerfully advocate for temporary orders that work for you. Otherwise, a judge might be left to grope in the dark for solutions that end up pleasing no one.

A couple can draft their own order and submit them to the judge. Again, you need to tread carefully. We have seen many temporary orders set the stage for the final orders coming at the end of the divorce process.

Here’s an example. Imagine you want to be your children’s primary custodian. However, you agree to a temporary order which leaves the children in the physical possession of your spouse. If this arrangement seems to be working well for the duration of the divorce, a judge might decide to maintain the status quo when it comes to the final child custody order.

For this reason, you might need to fight very hard to get a temporary order that is fair. Your attorney might also need to regularly bring up to the judge that the temporary orders aren’t working. You don’t want to give the impression you are “happy” with the temporary orders, lest the judge use them as a template for the final orders.

Tad Nelson Can Help with Your Temporary Orders

Often, as soon as divorce papers are served, chaos ensues. Temporary orders can bring some stability to the situation as you work toward your divorce decree. Get the legal assistance you need by calling Tad Nelson & Associates today to schedule a meeting.