Temporary orders may address a variety of issues including payment of attorney’s fees while the case is pending, a visitation schedule for the children, temporary child support, and the allocation of rights and duties with respect to the children between the two parents. The temporary order may also set out terms for the use of community funds and property including use of an automobile, exclusive use of a marital residence, and the allocation of household expenses. If there is an allegation of drug or alcohol abuse, a temporary order could include requirement that a party submit to drug or alcohol testing.
When creating a temporary divorce order in Austin, these are some of the various topics that a lawyer may discuss with you to ensure that the agreement covers everything that is important within your case. These orders are extremely important as they play a significant role in what the final divorce decree may look like.
Decisions Made About Child Support and Custody
When issuing a temporary divorce order in Austin, the court may order one spouse to pay temporary child support to the other. This assumes that the spouses are going to be living apart during the divorce case, which is generally what happens. It is relatively uncommon for spouses to file for divorce and then continue living together while the case is pending. Assuming the spouses are going to be living apart, the court also generally appoints one spouse as the temporary primary custodial parent. The non-primary custodial parent in these situations is typically the party that must pay the other spouse temporary child support.
In terms of custody, one spouse may be appointed temporary joint managing conservator, generally, with the exclusive right to designate primary residence. Then, the court awards the other spouse a possession schedule that is within the child’s best interests. There may be orders regarding psychological evaluations or provision of medical care, decision-making regarding schooling, and consenting to invasive medical procedures as well. The types of issues that can be addressed in a temporary order mirror the same kinds of decisions the court may make at a final hearing.
How are Finances Addressed within a Temporary Divorce Order?
The court generally allocates payment of household expenses when drafting the temporary divorce order in Austin. Because generally, only one spouse lives in the marital residence during the case, the other is going to have to maintain a separate residence. The court makes orders regarding who is going to be responsible for paying the mortgage, the utilities, and all the other expenses that are associated with the household. The court may order one spouse to pay the other temporary support each month, or simply order the spouse to continue directly paying the bills associated with the marital residence.
The court may also make orders regarding what a spouse can spend money on or not. Although, generally, this kind of issue is addressed in a standing order. This order automatically goes into effect whenever a divorce is filed in this area. Under the standing order, the respondent is only allowed to spend money on reasonable and necessary living expenses and attorney’s fees.
Other issues that might be addressed include health insurance and healthcare for the children. One parent is going to be responsible for continuing to provide that health insurance while the case is pending. If one spouse owns a family business, the court may issue an order awarding the owner spouse exclusive control over the operation of the business.
Speak with an Austin Attorney About Drafting a Temporary Divorce Order
Temporary orders can be the most critical phase of the case particularly with respect to child custody issues. This is because unless there is some significant change or disruption during the temporary order period, the temporary custody order is likely to be carried over into the final divorce decree. Meaning, if one party is awarded primary custody during temporary orders, this parent is likely to be awarded primary custody at final trial.
Given the stakes for creating a favorable temporary divorce order in Austin, it is better for somebody to have an experienced advocate on their side championing their interests in court. A temporary orders hearing is similar to a final trial. The rules of evidence are applied. The lawyers are responsible for making arguments. You can bring in witnesses and present evidence. Those are functions that you want to entrust to an experienced attorney. It is not an undertaking you want to pursue on your own without the benefit and the experience of legal counsel.