TEXAS Part 61

While a judge’s ruling is the Court’s order, judges do not write orders. Attorneys draft the orders. If both parties are represented by an attorney, then the drafting attorney must send the proposed order to the opposing attorney to review. If the attorneys reach an agreement as to the wording of the order, then it is signed by the attorneys and tendered to the Court for the judge’s signature. If the attorneys cannot agree to the wording of the order, then it may be necessary to have a hearing to have the judge rule on the wording of the order.

Temporary orders can also be accomplished through arbitration if the parties agree to this procedure.

TEXAS Part 60

Generally, but not always, the court will order the parties to exchange and Inventory and Appraisement form (“I&A”). This is a form that lists all the parties’ assets and liabilities. At this time, the judge may also order a social study and/or forensic testing of the parents if requested or if the judge so orders because a custody battle is anticipated.

TEXAS Part 59

Unless an agreement can be reached, a hearing for temporary orders must be set. At that hearing, the judge will issue temporary orders which will be followed by the spouses until the final divorce is granted. Temporary orders generally address: temporary child support;temporary conservatorship and visitation of children; temporary spousal maintenance; temporary use of property; and any other issues (such as drug testing) which need to be addressed until the final divorce is granted.

TEXAS Part 58

5. What do we need to do to get TRO?

In most Texas counties, a Temporary Restraining Order (“TRO”) will be attached to the Original Petition for Divorce. Do not confuse a TRO with a Protective Order (which orders a party to stay away from someone’s residence/employment). Most family law TROs are issued to restrain the parties from a laundry list of bad acts against each other (such as hiding assets or children from the other spouse).

TEXAS Part 57

Spousal maintenance will not be ordered between parties who are living together and who have never married. Spouses who do qualify for spousal maintenance are not among the majority. Each support order is decided on a case by case basis and not awarded straight across the board.

TEXAS Part 56

The law has limited the amount of spousal maintenance: the support cannot exceed $2,500.00 per month or 20% of the ex-spouse's average monthly gross income. The amount set will be only enough to provide the spouse with the minimal reasonable needs. However, parties can agree to a larger sum.