What Can Temporary Divorce Orders do for You?
If you and your spouse are considering divorce, you may have heard about legal separation. Whether you realize it or not, Texas does not offer provisions for legal separation. In other words, your marriage will be completely valid until a judge grants a final divorce decree. In many states, legal separation allows couples to pursue separate lives while remaining married. In Texas, separation is not recognized as an actual legal status. However, you may be able to obtain temporary court orders when you file for divorce. Like legal separation, these orders can be used to temporarily dictate issues like child custody and property division.
During a divorce, you and your spouse may need to make a temporary child custody agreement. Depending on the complexity of your case, it may take a substantial amount of time for you and your spouse to reach a permanent child custody/support arrangement. During this time, a judge can help you and your spouse decide where the child will live, who will take him/her to school, etc. Temporary court orders can address a number of child custody/support issues, including: how much child support is needed; who will take care of the child; how often the non-custodial parent will visit; and which parent is responsible for the child's health insurance.
Temporary divorce court orders can deal with property-related disputes, too. Texas is a community property state. In other words, money, belongings and assets that were acquired in the duration of your marriage are considered community property. During the divorce process, the court will determine who gets to keep what property. Before the judge makes a determination though, temporary court orders can be used to delineate a temporary property division agreement. Common issues property division issues include: who will live in the marital house; who will pay the mortgage; which spouse will pay utility bills; which spouse will have access to family vehicles; and how personal belongings will be temporarily divided.
Temporary Court Orders and Spousal Support
Sometimes, temporary divorce orders include spousal support. Generally speaking, spousal support is awarded if one spouse is financially dependent on his/her husband/wife. Temporary spousal support orders are used to maintain each spouse's quality of life during the divorce process. Support can be paid through monthly payments or payment for specific bills (such as a mortgage or utility bill). The amount of support is determined by a variety of factors, including each spouse's income, their current standard of living, and each spouse's earning capacity. If you and your spouse are filing for a divorce, contact the Austin family lawyers from our firm. When you work with Menduni Martindill, you can rest assured that your case is in capable hands.