Do Not Wait To Reach Out To Us If You Are Facing Criminal Charges

Call 972-914-9601 Hablamos EspaƱol
Peter & Lanzillo, PLLC

Temporary Orders Hearings in Divorce Cases


What is a "Temporary Orders" Hearing?

You've tried to make it work but, unfortunately, your relationship with your spouse is over and you need to file for divorce. But you've heard that in Texas a divorce can't be finalized until 60 days have passed from the date of filing, at the earliest. Often times, because of hurt feelings and extreme bitterness, divorce cases can turn into lengthy battles. What's more, with the abundance of cases on the court's docket your final trial may be scheduled months and months away. In the meantime your bills aren't going anywhere. You still have to pay your mortgage, utilities, car note, and now you'll likely have attorney fees to pay too. And what about the children? How will you determine custody, child support, and visitation schedules during the indeterminate in-between period from when you file your divorce case until you get your day in court for a final trial?


A Temporary Orders Hearing is basically a mini-trial that is often held within a matter of weeks of the initial divorce filing. A Judge will review exhibits entered into evidence, hear testimony of witnesses, and entertain arguments by both sides about what should be done with their property and/or children during the pendency of their divorce case. Often times, the point of this hearing is to preserve the status quo, meaning to get a temporary court order to keep things the way they have been going until a final decision can be reached at trial. Other times, the Court may be asked to make decisions that will significantly change the current circumstances.

For example, the parties may have just recently separated into two different residences, thus requiring a determination of which home will serve as the children's primary residence, who will pay child support, and how much they should pay. If neither party has moved out a spouse may request temporary exclusive use of the marital residence during the pendency of the divorce. A spouse with a lower earning potential might request the court to order their interim attorney's fees paid, and possibly even temporary spousal support until the divorce is finalized. Whatever is decided at the hearing is then incorporated into a formal document and signed by the Judge. This document becomes a roadmap that the parties must abide by under penalty of contempt.

It's important to note that whatever is determined at the Temporary Orders Hearing is just that, temporary. In most counties both sides have very limited time to present their case to a Judge for temporary orders. The provisions of temporary orders can be changed at a final trial based on depositions, written discovery, inventory and appraisements of the marital estate, home studies, and the ability to have more testimony presented to the court at a multi-day trial.

However, while any temporary order provision can be changed at a final trial, often times a Judge will follow the provisions of a temporary order at a final hearing unless there is good reason to change it. That's why it's very important to have an experienced Family Law attorney in your corner during a Temporary Orders Hearing. A large number of important issues can be decided at this early stage of the divorce process, and presenting a well organized argument early on can help secure your chances of a favorable outcome later.

No Comments

Leave a comment
Comment Information
law icon

We understand that this can be a very stressful time in your life. You want your case to go away as soon as possible, but you need to be sure you are making the right decisions to best protect your future.
We will give you honest advice about the options available to you.

Charged With A Crime?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response
Peter & Lanzillo, PLLC

Peter & Lanzillo, PLLC
1505 Precision Drive
Plano, Texas 75074

Phone: 972-914-9601
Fax: 972-924-9789
Plano Law Office Map