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Temporary Orders During a Divorce

By: Kelly Rizzo

Are you thinking about filing for divorce but are worried about what happens with finances, who gets to stay in the house, or who gets custody of your children while the divorce is pending?

Texas law allows the divorcing parties to ask the court for temporary orders that will generally remain in effect until the divorce is final. Sometimes the parties can agree on the temporary orders or, if necessary, there is a hearing before the judge and the judge decides.

It depends on the facts of each case, but some of the issues that are decided in temporary orders include: who will be able to stay in the house, custody, visitation, and child support arrangements, and whether one party needs to pay spousal support or attorney’s fees of the other party while the case is pending.

Usually, the judge will issue temporary orders to ensure the least disruption for the parties, and especially their children. Often, the children will stay in the house with the parent who is awarded primary custody. The main concerns in temporary orders are the stabilization of the children’s living arrangements, protection of property, and ensuring that both parties have the resources they need to provide for themselves and their children, regardless of who has control of the money.

Cindy Diggs, Board Certified in Family Law and Civil Trial Law, Holmes, Diggs & Sadler 5300 Memorial Drive, Suite 900, Houston, Texas 77007, 713.802.1777. www.holmesdiggs.com

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