Temporary Orders: Divorce without Children
A divorce case can take quite a long time to complete, particularly if you cannot come to an agreement on the major issues in your case. Even if you don’t share minor children with your soon-to-be ex, you might find yourself locked in a battle over issues like property division and spousal support. In these situations, temporary orders may help to set up some parameters for your divorce.
A temporary order can address various issues in a divorce, including who gets to live in the marital house, spousal support, the payment of attorney’s fees, and the exchange of information. To request a temporary order, you can file a petition with the court. Our Austin divorce attorneys can help you determine what temporary orders may be necessary in your case and advocate on your behalf with the court.
At the Law Office of Jason Wright, we offer skilled, compassionate legal representation to clients in Austin, Round Rock, Williamson County, and throughout Central Texas. We work hard to help our clients get the best possible outcome for their divorce case, starting with seeking temporary orders when necessary. Contact our law firm today to schedule a consultation with an Austin family lawyer.
Types of Temporary Orders in a Texas Divorce without Children
There are several different types of temporary orders that can be issued by a judge as part of a Texas divorce proceeding. Generally, to seek a temporary order, you will file a petition with the court where your divorce is being handled. At a temporary orders hearing, a judge will listen to testimony and review evidence before making a decision on each requested temporary order.
In a divorce without children, temporary orders largely address issues related to money and property. If you are concerned about your spouse doing something harmful before you can get to a temporary orders hearing, you may also request a temporary restraining order (TRO). Below, we outline the different types of temporary orders that you may seek in a Texas divorce without children.
As part of your Texas divorce, our law firm can request temporary orders on your behalf and represent you in court. We will gather the required evidence and prepare you for the hearing. Throughout the process, we will fight to achieve the best possible outcome for you.
Temporary Use of Property
Texas is a community property state. Generally speaking, this means assets and debts acquired by either spouse during a marriage will be considered jointly owned by the spouses. In a divorce, community property will be divided in a “just and right” manner.
This division of property does not happen until the end of a divorce case. Until that happens, however, the community property is still owned by both spouses. A temporary order for the use of property can help to establish guidelines for how this joint property is managed while the divorce is ongoing.
For example, the temporary orders might require both parties to continue to make mortgage payments on their home. The orders might also set up guidelines for how community property, such as the marital property, bank accounts, and retirement funds, is used. A court may also grant temporary exclusive use of certain property to one spouse.
When requesting a temporary order regarding use of property and payment of debt, you can draft a petition asking the court to give temporary exclusive use and possession of certain property (such as real estate or vehicles) to you and/or your soon-to-be ex. You can also request that the court order the timely payment of debts by you and/or your spouse.
These types of orders are often necessary to settle important questions, such as who gets to live in the marital home while the divorce is pending. They can also be critical when it comes to ensuring that all marital debts are paid and that no assets are wasted. Our Austin divorce attorneys can help you determine what orders regarding assets and debts may be appropriate in your case and can file a request for these orders on your behalf.
Temporary Spousal Support and Interim Attorney’s Fees
In Texas, spousal support is not automatic. It is only awarded in cases where one spouse cannot support themselves, for reasons such as a disability or because they have been out of the workforce for an extended period of time. Spousal support (commonly referred to as alimony) is usually only ordered in cases involving longer marriages when one spouse lacks the means to provide for their minimum and necessary needs post divorce..
It is possible to seek a temporary order from the court related to both spousal support and the payment of attorney’s fees. Generally, these orders are issued in cases where one spouse needs financial assistance for their basic needs and/or attorney’s fees, and the other spouse is in a position to pay support. For example, in a divorce involving a couple where only one spouse works and that spouse controls access to the couple’s bank accounts, a court may order temporary spousal support and/or interim attorney’s fees. Remember, because Texas is a community property state, the Marital Estate is responsible for ensuring that both spouses can adequately pay for attorneys as well as support themselves during the pendency of the divorce.
In a petition, you may ask a judge to order the payment or provision of:
- Attorney’s fees and expenses, if you are not in control of enough money or assets to pay for your legal representation in the divorce;
- Temporary spousal support in situations where you need financial assistance and your spouse has the ability to pay it; and/or
- Medical and dental insurance, and a portion of all uninsured medical and dental expenses.
At an evidentiary hearing, the judge will review evidence, including tax and financial records, and hear testimony before issuing orders. An award of temporary spousal support does not necessarily mean that you will be granted alimony as part of the divorce.
Temporary Restraining Order
It can take some time to get to a temporary orders hearing and to have a court issue a ruling. In situations where you are worried that your spouse will do something harmful before the temporary orders hearing, you might seek a temporary restraining order (TRO). This is an emergency court order.
If issued, the TRO will order your spouse to not take some action until a hearing can be held on the temporary orders. This is known as an injunction. The TRO will last for 14 days or until the temporary orders hearing.
A TRO can include an order related to your safety or to protect your property. It cannot be used as a way to exclude your spouse from their residence. They are often used in cases where there are concerns that your spouse may try to waste the marital estate.
For example, consider a situation where you are involved in a complex, high-net-worth divorce. You jointly own a lot of expensive jewelry and other high-value items like designer clothing and bags. You are concerned that while the divorce is pending, your soon-to-be ex might attempt to hide or sell these assets. In this situation, a TRO could be issued to order your spouse to not sell or otherwise abscond with these assets.
A TRO could also be issued in cases where there is some concern that your spouse will spend marital funds to avoid splitting them with you in a divorce. For example, if your soon-to-be ex has a new partner that they have been showering with expensive gifts, the TRO could order them to not spend marital funds on anything but personal expenses (i.e., regular bills). These types of orders can be crucial when it comes to protecting your community property.
When you file a request for a TRO, you must include an affidavit or statement made under penalty of perjury that explains why an emergency order is necessary. A judge won’t issue a TRO simply because you want to get an order in place sooner. A TRO can only be issued in true emergency situations.
If you are going through a divorce, you might be considering whether it makes sense to seek a TRO. Our seasoned Austin divorce attorneys can help you consider your options and weigh the pros and cons of each type of order. If you decide to move forward with a TRO, we can help you file the necessary paperwork to support your request.
Other Types of Temporary Orders
There are a few other types of temporary orders that you may seek in a Texas divorce without children. These orders can help to make the litigation process go more smoothly or even get your soon-to-be ex out of your home.
You may seek temporary orders regarding discovery. In litigation, discovery is the process through which the parties exchange relevant information. Unsurprisingly, sometimes spouses involved in a divorce case are reluctant to hand over certain documents even though the other party is entitled to them under Texas law.
In a petition for temporary orders regarding discovery, you can ask the court to order your spouse to:
- File a sworn inventory and appraisement of all separate and community property owned or claimed by you or your spouse and all debts owed by either party;
- Produce copies of their income tax returns and copies of their bank records for the past two years; or
- Produce other documentation as necessary.
While parties in a Texas divorce are required to submit an initial financial disclosure within 30 days, temporary orders may still be necessary. Our law firm can help you determine if you need to request a temporary order related to discovery to facilitate the exchange of information necessary to fairly divide property and debt.
You can also request other temporary orders and/or injunctions. For example, you may request an order for your spouse to vacate your residence on a specific date and stay at least 200 yards away from the residence. As part of this order, you can also ask the court to order that you be granted exclusive use and possession of the residence until the court makes a final order.
Depending on your situation, there may be other types of orders that you can request. Our Austin divorce attorneys will analyze your situation and help you decide how to proceed. We will then advocate for you in a temporary orders hearing and throughout the process.
Reach Out for Seasoned Legal Representation in Your Texas Divorce without Children
Even when you don’t share children, divorce can still be messy and time-consuming. While you wait for the divorce to be finalized, you might seek temporary orders related to your property, money, and more. Our law firm can work with you to help you decide what orders may be appropriate and request them from the court.
The Law Office of Jason Wright represents individuals and families in the greater Austin area in a variety of family law matters, including divorce. We understand the intricacies of the Texas divorce process and use our knowledge and experience to protect our clients’ rights. To learn more or to schedule a consultation with an experienced Austin divorce lawyer, give us a call at 512-706-9662 or fill out our online contact form.
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