Filing for divorce is never an easy decision. It is made more difficult by the circumstances present and the uncertainty of what the future may hold. Interestingly, the Lone Star State’s divorce rate is moderate when compared to other states, with a divorce rate of 5.8 per 1,000 residents, and roughly half of Texas divorces involve children under 18.
Texas is among the three states with the lowest divorce rates across the country. In 2021, according to the Centers for Disease Control and Prevention (CDC), the divorce rate in Texas was 1.4 per 1,000 population.
The reason most often cited in a no-fault divorce is a mutually agreed upon conclusion that the couple is living in an insupportable marriage, meaning both parties agree their marriage is broken and there is no possibility of reconciling. According to a Couple and Family Psychology journal, 75 percent of those in a marriage lacked the commitment to make the marriage work.
In fault-based divorces, 60 percent of those filing cite adultery as the reason. According to an American Sociological Association study , approximately 69 percent of Texas divorces are initiated by women. Adultery may also influence property division and alimony.
In divorces involving children in 2021, 42.7 percent of the women filing were granted custody compared to 18.7 percent of men. In Travis County, 45.2 percent of the population is married. The average length of a marriage in Texas is 17.5 years.
Same-sex unions have increased by almost 51 percent since 2020. In 2021, there were 47,523 same-sex married couples, according to the data on household types from Census.gov. The number of male spouses was 23,016, and the number of female spouses was 24,507.
A: The county where the couple has lived for at least the past 90 days is the correct county to file your divorce, regardless of whether you are living together or separately. One spouse must have lived in the county for at least 90 days preceding the date of filing.
Once the decision is made to file for a divorce, numerous issues need to be addressed. Many of those matters must happen between the first day a divorce is filed and the last day of the case.
Temporary orders address some of the issues that frequently arise during this period, such as who remains in the marital home, who leaves, who pays alimony, and payment of monthly expenses. Not every divorce case needs a temporary order. It depends on the circumstances of the case.
The orders are temporary as they aim to resolve an immediate problem or issue, advise the parties involved to handle an issue or issues, how to act and how to communicate during the duration of the temporary order, or they are put in place to decide any legal motions or issues to move forward with the divorce. If children are involved, the court aims to make decisions in their best interest.
Temporary orders are issued by the court and remain in force until a Final Order is issued, or are done by agreement of the parties. Not all matters are entitled to a temporary orders hearing.
Orders hearings are typically held within two weeks of the divorce being filed. The timing of this process may vary if a temporary restraining order (TRO) is requested by a party. A temporary order may be appealed de novo, but it must be done quickly as the deadline to file is limited.
If a TRO is in place it is a short-term restriction on an individual that means the person cannot do certain actions, such as upset the children’s routine, destroy property, turn off the utilities, or sell a residence. The Round Rock temporary orders lawyers at the Law Office of Jason Hatfield can advise and guide you during your divorce proceedings.
There are a wide range of temporary orders that may be put into place to help the divorcing couple as laid out in Tex. Fam. Code § 105.001(a)-(h). Hearings to obtain an order are similar to being in court where participants are questioned and evidence is presented. Virtually anything can be the subject of a hearing on temporary orders. Always talk to your family law attorney about any orders you may have been served with or think need to be served on your spouse.
Should an order be violated, the offending party may be held in contempt of the court and fined and/or jailed. Each case is different and your Round Rock temporary orders attorneys at the Law Office of Jason Wright can help you navigate any issues that may arise. Temporary orders may be changed by filing a Motion to Modify Temporary Orders, but there must be a significant change in circumstances to do so.
These important orders issued are based on the evidence presented and are often put into place for the best interest of any child or children involved as explained in Tex. Fam. Code § 153.003. Because these orders are an extremely important part of family law cases, having a Round Rock temporary orders attorney from the Law Office of Jason Wright to advise you is important.
The best interest of the child means:
A temporary order may include the following:
A: Issues related to the care and custody of a child(ren) are the most challenging in any divorce. Parents have the best intentions for their children but may disagree about raising them. If these issues are not addressed upfront, the court determines which parent is awarded custody of a child.
There are three ways to get a temporary order. They are:
There are situations in which a temporary order may not be needed. This may happen if both parties have agreed on their goal of a final divorce decree and they may be in agreement on other issues during the process.
However, if you suspect your spouse may be hiding assets or would like to work out a custody schedule, having a temporary order is useful. At the Law Office of Jason Wright, our Round Rock temporary orders attorneys know exactly how to help you when you need it the most.
A temporary order remains in force until further order by the court or until the parties reach another agreement. In most instances, the temporary order lasts until the final order is issued. That may be a final Decree of Divorce or a final Order in Suit Affecting or Modifying the Parent-Child Relationship.
Every case is different and what works for one couple divorcing, may not for another. The length of time any divorce case takes is related to the circumstances of that particular divorce and those individuals seeking the divorce.
A temporary order may be changed, but the party needs to file a Motion to Modify the Temporary Order. The court then decides if there has been a significant change in the couple’s circumstances that needs modification.
Temporary orders can be obtained for many reasons and they permit the parties to work within a structure while waiting for and dealing with the discovery phase on the road to a final divorce.
Getting a divorce and dealing with all of the upheaval and changes in one’s life can be frightening and fraught with anxiety and worry for the future. At the Law Office of Jason Wright, we know exactly how to help you and are with you every step of the way.
A: A husband or wife can file for divorce in Texas after meeting the residency requirement. In Texas, a spouse can file for divorce if they have been living in the state for at least six months.
At The Law Office of Jason Wright, our team is passionate about representing your best interests. If you are concerned about a family law matter, we answer all your questions and explain all your legal options. We help you determine whether hiring a family law attorney is beneficial to your situation.
Round Rock temporary orders lawyer Jason Wright is highly experienced in handling all types of family law matters and is committed to providing effective solutions that work for you and your family. If you are afraid of the impact of a divorce on the children, it is important to note that not all divorces are the same.
Contact the compassionate Round Rock temporary orders attorneys at The Law Office of Jason Wright. To learn more and to schedule a consultation, call us at 512-884-1221 or submit the form on our website.
“Jason is very professional and friendly. He patiently explained everything as many times as I needed and made the law easier to understand. Gave great advice and listened to all of my suggestions walking me through if they would work or not.”
Jami L
To get in touch with us, give us a call at 512-884-1221 or submit the form below. We are committed to zealously working to find the solution that is best for you and your family.
