Temporary Orders in Family Law Cases

Family law cases often involve contentious disputes that can take a long time for the courts to resolve. In many instances, though, there are issues that require immediate action, like disagreements over property and custody rights. In such cases, the courts will often issue temporary orders that define the parties' duties and rights during the pendency of the case. If you have questions about temporary orders in family law cases and how they may impact your rights, it is wise to speak to an attorney as soon as possible. The knowledgeable Dallas family law attorneys of McClure Law Group have ample experience dealing with temporary orders in family-law cases, and if we represent you, we can fight to help you seek a just outcome.

Temporary orders can help provide structure and stability during the divorce or custody process by governing certain aspects of the parties' lives until a final resolution is reached. Typically, the courts issue temporary orders in family law cases to prevent the parties from engaging in harmful behaviors, such as withholding a child from the other parent or spending marital funds irresponsibly. Additionally, temporary orders can help ensure that the parties and their children are provided for while the case is pending.

One of the most common reasons the courts issue temporary orders in family law cases is to define parental rights and duties. Specifically, the Texas Family Code (the Code) dictates that the courts may issue any order necessary to protect the welfare and safety of a child, including orders defining temporary conservatorship rights and support obligations and barring people from removing a child beyond a certain geographical area. It is important to note that the courts will only issue temporary orders that affect the parent-child relationship when there is a pending custody or support case. Further, the Code defines that temporary orders impacting the parent-child relationship are not appealable. They do have the same legal impact as final orders, though, in that they are enforceable, and parties that fail to abide by temporary orders may be held in contempt.

The courts may also issue orders defining property rights and obligations in divorce actions. For example, temporary orders can specify which party has the right to use marital property, such as the marital home, while the case is pending and define who is responsible for paying for expenses associated with such property. Temporary orders can also enjoin parties from depleting marital assets or incurring marital debt while the divorce is pending.

Temporary orders can also be used to impose a temporary spousal support obligation. The Code sets forth strict guidelines for when the courts can order a party to pay spousal support following a divorce; however, such guidelines do not dictate whether the courts should award temporary spousal support in divorce actions. In determining whether such support is warranted, the courts will typically assess the physical, emotional, and mental health of the parties, their age, income, and earning potential, and their financial status. They will also examine the needs of the party seeking support and the other party's ability to pay.

Regardless of whether temporary orders address parental rights, property rights, or other issues, they will only endure until the divorce becomes final; at that time, the terms set forth in the court’s final divorce decree will dictate the parties’ rights and duties.

Temporary orders in family law cases can have a significant impact on the parties' lives, especially if their case is pending for an extended period. If you have questions about temporary orders and how they may impact your case, it is smart to talk to an attorney. The skilled Dallas lawyers of McClure Law Group can assess your circumstances and advise you of your options for seeking a good legal outcome. Our main office is located in Dallas, and we have a Collin-County office in Plano where we are able to meet clients by appointment. We often represent people with family-law cases in Dallas, Fort Worth, Rockwall, Frisco, McKinney, Richardson, Irving, and Garland. We also assist parties in family-law matters in cities in Dallas, Grayson, Denton, Collin, Tarrant, and Rockwall Counties. You can reach us by using our online form or calling 214.692.8200 to set up a confidential conference.