J Lowe Law is here to assist you every step of the way.
The attorneys at J Lowe have vast experience in dealing with Texas laws relating to temporary orders in divorce cases. Below is a general summary of the law and process in Texas relating to temporary orders.
Chapter 105 of the Texas Family Code allows a court to issue a temporary order prior to the final order. For example, a party may ask a court to temporarily: establish child custody and visiting arrangements; provide for spousal support and/or child support payments; and/or give possession of the family home or car to one of the parties.
Typically, temporary orders remain in effect until the court holds another hearing or the parties arrive at their own settlement through negotiation or mediation.
Depending upon the circumstances, temporary orders are generally sought at the beginning of a divorce case. The relief is sought through a motion filed by the party seeking to have the Court grant their motion as to temporary relief. The motion should specifically outline the temporary relief being sought and the motion should be served upon the opposing party and or his/her counsel.
Unless an agreement is reached between the parties on the motion for temporary orders, a hearing before the Court will be necessary for the entry of an order. In emergencies, the hearing can be held within a few days, but more often, it will be a few weeks before the hearing is scheduled.
At the hearing, the Court may allow testimony of the parties, as well as the introduction of documentary evidence, regarding the matters at issue in the motion for temporary orders. At the conclusion of the hearing, the Court will issue an order granting the motion, denying the motion, or possibly granting and denying the motion in part.
If you are in need of a law firm to protect your interests as it relates to temporary orders in a divorce case, please contact our McKinney, TX family lawyer at J Lowe Law today.