Protecting Your Rights Before Divorce

Once the divorce is filed, temporary orders may be issued by the court to ensure that your rights and interests are protected until your divorce is finalized. Temporary orders can also be used:

  • To temporarily separate finances, property (like the house and vehicles) and debt
  • To prevent one spouse from running up debts on the community
  • To ensure that both parents have access to and support their children
  • To instruct your future ex-spouse to continue making payments on the home until after your divorce and to stay away from the home during the pendency of your divorce case
  • To protect you personally from assaultive conduct

Types Of Temporary Orders

The court will look at your situation and what is in the best interests of your child when issuing temporary orders. In general, temporary orders can be requested for the following:

  • Spousal support
  • Child support
  • Parenting time
  • Child custody
  • Insurance and medical coverage
  • Separation of bank accounts and credit cards
  • Right to marital home or dwelling
  • Right to the use of a family car
  • Cease and desist orders regarding attempted parental relocation
  • Injunctions to protect your person, property and credit rating

Temporary Alimony

In cases where one spouse stays at home or earns substantially less than the other spouse, the court may order temporary alimony. Texas law requires that spouses support each other while the case is pending. Additionally, if a spouse is covered under the health benefits of the other spouse, the court may order that he or she continue to provide health insurance coverage while the case is pending as well.

At the time of divorce, an ex-spouse is removed from the other's medical insurance and is relegated to Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage or his or her own health coverage.

Temporary Custody

When children are involved, temporary, primary custody may be awarded to one parent until a final custody arrangement can be entered into by agreement or ruled upon by the judge and finally ordered in a decree of divorce or a SAPCR order. Until then, parenting time will usually be ordered as well to allow the non-custodial parent time with his or her child.

This is especially important if the custodial parent attempts to obtain a restraining order for the purposes of keeping the other parent away from their children. The court may intervene and determine that the restraining order is simply a ruse designed to prevent contact between a parent and his or her child.

A temporary restraining order (TRO) cannot be used to give exclusive custody rights, remove him/her from the home or other matters the TRO is used for, but it can put into place injunctions that bind the other side and perhaps you.

Set Up An Appointment With A Lawyer Today

Contact attorney Leonard M. Roth today to schedule an appointment — ensure continued financial stability along with immediate protection of your rights.