Temporary Orders Hearings
Scroggins Law Group on Temporary Orders Hearings
Shortly after filing a petition for divorce the court will conduct a Temporary Orders Hearing at which time you can obtain a temporary order which resolves all the initial issues of custody, financial support and how the family will operate during the divorce process. At the end of a divorce or family law case the temporary orders may be carried over into the language of the order and judgment after a final trial.
Depending on what county in which you are located, Collin County, TX divorce attorneys appearing in court for temporary orders hearings have different time allowances and expectations.
Issues for Resolution at Temporary Orders Hearings
In most Texas divorce cases, there are standing orders set at the beginning of the case that prevent the parties from intentionally causing harm or devaluation to property, assets and beyond, to preserve the status quo during the divorce. These standing orders also prohibit the parties from threatening or causing harm to one another as well as children of the marriage.
In the Texas Family Code, the court may also make an appropriate temporary order regarding the following divorce issues:
- “Regarding a sworn inventory and appraisement of the real and personal property owned or claimed by the parties and specifying the form, manner, and substance of the inventory and appraisal and list of the debts and liabilities;
- Requiring payments to be made for the support of either spouse;
- Requiring the production of books, papers, documents, and tangible things by a party;
- Ordering payment of reasonable attorney’s fees and expense;
- Appointing a receiver for the preservation and protection of the property of the parties;
- Awarding one spouse exclusive occupancy of the residence during the pendency of the case;
- Prohibiting the parties, or either party, from spending funds bey9ond an amount the court determines to be for reasonable and necessary living expenses;
- Awarding one spouse exclusive control of a party’s usual business or occupation; or
- Prohibiting an act described in Section 6.501(a) (temporary restraining orders).[i]”
The Texas Family Code identifies the proper subject matter for divorce attorneys Collin County, TX seeking temporary orders before a final order in a suit affecting the parent-child relationship (SAPCR), which is different from a traditional divorce because the parties in a SAPCR are not married. At a temporary hearing in a SAPCR case, the court may make a “temporary order for the safety and welfare of the child, including in an order:
- For the temporary conservatorship of the child;
- For the temporary support of the child;
- Restraining a party from disturbing the peace of the child or another party;
- Prohibiting a person from removing the child beyond a geographical area identified by the court; or
- For payment of reasonable attorney’s fees and expenses.[ii]”
Court Procedure at Temporary Orders Hearing
The divorce attorneys for the Petitioner seeking the divorce are, unless otherwise agreed, are the first in turn to present evidence, cross-examine the other party, rebut the claims of the other party and argue their primary case as to why their client should get what they are seeking in the divorce petition. In certain situations, based on the rules each judge sets for their courtroom, your divorce attorneys may request additional time to present evidence and arguments.
Texas rules of evidence and procedure apply at a temporary orders hearing and your divorce attorneys in Collin County, TX may be required to state objections on the record where necessary. The formalities of legal procedure can be confusing to a client who is trying to keep up with what is happening. A well-prepared client will be able to be an effective communicator, provider of information and to answer questions as certainly and succinctly as possible.
Preparing for a Temporary Orders Hearing
In Collin County, Texas, divorce attorneys expect to have 20 minutes per side, to tell the court as what they are seeking for their client and why. If there are uncontested matters that both parties agree on, those can be resolved and communicated to the court so that time may be used to focus on areas of conflict over which the parties could not agree.
Your divorce attorneys preparing you for a temporary orders hearing will likely prepare you for the hearing by discussing the best way to answer any of the questions the judge may have as well as being organized to be able to respond to questions about property and financial matters, possibly by referring to documents organized in advance of the temporary orders hearing.
Meeting with Scroggins Law Group to Prepare for Divorce
A divorce or family law matter can be stressful and challenging. When you work with Scroggins Law Group in Plano, Texas, the entire process from beginning to end will be explained to you. Mark L. Scroggins and his legal staff will explain exactly what information you need to collect and provide so that that Scroggins Law Group can represent you in your Temporary Orders Hearing and your divorce in Collin County, Texas. Contact the skilled divorce attorneys Collin County, TX families turn to on our team today.
[i] Texas Family Code, Dissolution of Marriage, Temporary Injunction and Other Temporary Orders, Sec. 6.501, 6.502.
[ii] Texas Family Code, Parent-Child Relationship, Temporary Orders, Sec. 105.001.