How Temporary Orders in Texas Divorce Impact Child Custody, Support, and Property Division.
Going through a divorce can feel overwhelming. You’re already dealing with the emotional side of ending a marriage, but at the same time, you have major financial, legal, and parenting decisions that can’t wait until the divorce is final.
That’s where temporary orders come in. These court-issued rules help set the ground rules while your divorce is pending. They determine who stays in the marital home, who pays which bills, who has custody of the children, and whether spousal support is necessary.
If you’re in the middle of a Texas divorce—or about to file—you need to understand how temporary orders work, when to request them, and how they might impact your final divorce decree. This guide breaks everything down so you can make informed decisions and protect your rights.
What Are Temporary Orders?
A divorce doesn’t happen overnight. Even in a smooth divorce, it takes at least 60 days (the Texas mandatory waiting period) to finalize. If the divorce is contested, it could take months or even years to settle.
But life doesn’t stop just because your divorce is in progress. You still have bills to pay, kids to take care of, and a home to manage. That’s why Texas law allows courts to issue temporary orders to address these urgent matters.
Temporary Orders Explained
Temporary orders are legally binding court rulings that help keep things stable while a divorce is pending. They set temporary rules for:
- Child custody and visitation
- Child support payments
- Who stays in the marital home
- Who pays shared bills or debts
- Spousal support (alimony)
- Restraining orders or protective orders, if needed
Temporary orders are not final divorce rulings, but they can influence your final divorce decree. If you want the best possible outcome, you need to take them seriously from the start.
Do You Need Temporary Orders?
Not everyone needs temporary orders. If you and your spouse are on good terms and can agree on custody, finances, and living arrangements, you may not need court intervention. But in many divorces, emotions run high, and conflicts arise.
You may need temporary orders if:
- Your spouse moved out and isn’t contributing financially.
- You can’t agree on who will stay in the house.
- You need child support or spousal support to stay afloat.
- You’re worried about your spouse hiding or spending marital assets.
- There are safety concerns (domestic violence, harassment, or threats).
If any of these situations apply, it’s important to request temporary orders as soon as possible to protect yourself and your children.
Types of Temporary Orders in a Texas Divorce
Temporary orders can cover several different issues. Let’s go over each type in detail.
Temporary Child Custody & Visitation Orders
If you and your spouse can’t agree on where the kids will live or how visitation will work, the court will step in and issue a temporary custody order based on what is in the best interest of the child (Texas Family Code § 153.002).
The court will consider factors such as:
- Who has been the primary caregiver?
- The child’s emotional and physical needs.
- Each parent’s work schedule and ability to provide care.
- Any history of domestic violence, substance abuse, or neglect.
A temporary custody order will:
- Determine where the child lives while the divorce is pending.
- Set a visitation schedule for the noncustodial parent.
- Decide who makes legal decisions about the child’s medical care, education, and well-being.
⚠️ Important: If you want full or primary custody in the final divorce decree, you need to start building your case now during the temporary orders hearing. Courts often stick with the temporary custody arrangement when issuing final orders.
Temporary Child Support Orders
Divorcing parents still have financial responsibilities toward their children. If the child lives with one parent more than the other, the noncustodial parent will likely have to pay child support based on Texas child support guidelines (Texas Family Code § 154.001).
How Texas calculates temporary child support:
- 20% of the noncustodial parent’s income for one child
- 25% for two children
- 30% for three children (and increasing with more kids)
Courts may also require temporary medical support, meaning one parent must provide health insurance.
⚠️ If a parent refuses to pay child support, the court can enforce payments through wage garnishment, property liens, or legal penalties.
Temporary Spousal Support Orders (Alimony)
Temporary spousal support, also called temporary alimony, is financial assistance paid by one spouse to the other during the divorce process. Texas courts grant temporary spousal support if one spouse cannot support themselves during the divorce (Texas Family Code § 8.051).
A judge will consider:
- The length of the marriage (longer marriages are more likely to qualify).
- Each spouse’s income, assets, and financial needs.
- Whether one spouse stayed home to raise children.
- Whether one spouse deliberately cut off financial support.
Temporary spousal support ends when the divorce is finalized, unless the court orders long-term alimony.
Temporary Property & Debt Orders
Texas is a community property state, meaning that most property acquired during the marriage belongs to both spouses. But until the divorce is final, who gets to use what?
A temporary property order will determine:
- Who stays in the marital home.
- Who is responsible for paying the mortgage, rent, or household bills.
- How bank accounts, credit cards, and debts are handled.
- Who gets to use vehicles, business assets, or valuable property.
⚠️ If your spouse is spending money recklessly or hiding assets, you can request an order to freeze marital assets to prevent financial abuse.
Temporary Protective Orders & Restraining Orders
If there is domestic violence, harassment, or threats, you can request a temporary protective order under Texas Family Code § 85.001.
A protective order can:
- Prohibit contact between you and your spouse.
- Require your spouse to move out of the home.
- Restrict access to your children.
- Suspend firearm possession.
⚠️ Violating a protective order can result in arrest and criminal charges.
How to Request Temporary Orders in Texas
- File a Motion for Temporary Orders – This is a legal request for the court to issue temporary rulings.
- Attend a Temporary Orders Hearing – Both spouses present their case to a judge.
- Judge Issues a Ruling – The judge determines child custody, support, property division, and other key issues.
- Temporary Orders Are Enforced – These orders must be followed until the divorce is finalized.
Need Help? Contact Longworth Law Firm
Temporary orders can shape the outcome of your divorce, so it’s important to get them right from the start.
📞 Call Longworth Law Firm today at (832) 759-5100 to schedule a consultation.
Whether you need help with child custody, financial support, or protecting your assets, we’ll fight to make sure you get the best possible outcome.