For many people going through a divorce or child custody case, a temporary orders hearing is their first time walking into a courtroom. That can make it intimidating. You may be wondering:
- Will I have to testify?
- Will my spouse be there?
- Will the judge decide who gets the kids?
- Who gets to stay in the house?
- Will I have to pay child support or spousal support?
- Is this the final trial?
A temporary orders hearing is not the final trial, but that does not mean it is unimportant. In fact, the decisions made at a temporary orders hearing can establish how your family, finances, and parenting arrangements will operate while the case is pending.
Here’s what you should know before you walk into court.
What Are Temporary Orders?
A divorce or custody case can take months, and sometimes much longer, to resolve. But families usually cannot wait until the final trial to answer basic questions such as:
- Who will the children live with?
- When will each parent see them?
- Who will pay the mortgage?
- Who gets to stay in the house?
- Who will pay child support?
- Who gets to use which vehicle?
- Who will pay the bills?
That is where temporary orders come in.
In a Texas divorce, the Family Code authorizes a court, after notice and a hearing, to enter temporary orders it considers equitable and necessary for the preservation of property and protection of the parties while the case is pending. Those orders can address issues ranging from temporary use of property to support and attorney’s fees.
When children are involved, the court can also enter temporary orders concerning conservatorship, possession, child support, geographic restrictions, and other matters affecting the child’s safety and welfare.
Think of temporary orders as the rules everyone will live under while the case moves toward a final resolution.
What Can the Judge Decide?
The issues depend on the particular case. In a divorce, temporary orders may address matters such as:
- Who remains in the marital residence;
- Who has temporary use of particular vehicles or other property;
- Who pays the mortgage, utilities, insurance, debts, and other expenses;
- Temporary spousal support;
- Temporary child support;
- Temporary conservatorship and possession schedules;
- Restrictions on the use or transfer of property;
- Interim attorney’s fees; and
- Other rules governing the parties while the divorce is pending.
Texas law expressly permits a divorce court to enter temporary orders concerning property, support, attorney’s fees, and other matters necessary while the case is pending.
In a custody case, the court may make temporary orders for the child’s safety and welfare, including temporary conservatorship, child support, restrictions on removing the child from a specified geographic area, and reasonable attorney’s fees and expenses.
Not every temporary orders hearing involves every one of these issues. Your attorney should identify what actually needs to be decided in your case before the hearing.
Is a Temporary Orders Hearing a Real Court Hearing?
Yes! This sometimes surprises clients. A temporary orders hearing is not simply an informal meeting where everyone tells the judge what they would like. It is a court hearing. Depending on the issues, attorneys may make arguments, present documents or other exhibits, call witnesses, question the opposing party, and present evidence to the court.
And yes, you may have to testify. If you do, your attorney will ask you questions. The opposing attorney will generally have an opportunity to cross-examine you. You should prepare for your testimony with your attorney before the hearing rather than walking into court assuming you can simply “tell the judge what happened.”
What Should I Expect When I Testify?
Most clients are nervous about testifying. Understand that being nervous is normal. Your attorney should prepare you for testifying prior to the hearing, but here are some general tips to keep in mind:
- The most important thing is to listen carefully and answer the question that was asked.
- Don’t try to anticipate where the attorney is going.
- Don’t argue with opposing counsel.
- Don’t turn every answer into a speech.
- Don’t exaggerate.
- Don’t guess if you aren’t sure about something.
- If you don’t know the answer, say you don’t know.
- If you don’t remember, say you don’t remember.
Your credibility matters. Sometimes a straightforward, honest answer is much more effective than trying to explain away every unfavorable fact.
What Evidence Should I Bring?
That depends entirely on the issues the court will be deciding. For financial issues, your attorney may need documents such as:
- Paystubs;
- Bank statements;
- Credit-card statements;
- Mortgage information;
- Monthly expense information;
- Health-insurance costs;
- Childcare expenses; and
- Other documents showing income, assets, debts, or household expenses.
In a custody dispute, relevant evidence could include school records, calendars, communications between the parents, photographs, medical information, or other documents related to the specific issues before the court.
But don’t arrive on the morning of the hearing with hundreds of screenshots on your phone and expect your attorney to sort through them in the hallway. Give potential evidence to your attorney well before the hearing. Your attorney needs time to determine what is relevant, what is admissible, what actually helps your case, and how it should be presented.
Does the Judge Want to Hear Everything My Ex Has Ever Done?
Usually not. This is one of the biggest mistakes people make when preparing for a temporary orders hearing. You may have years of history with the other person, but that doesn’t mean the judge needs to hear all of it. If the hearing concerns temporary possession of the children, the court probably does not need a chronological history of every argument you’ve had since 2014. If the dispute concerns who should pay the mortgage, a twenty-minute explanation about why your spouse was rude to your mother may not move the ball forward.
Good preparation involves identifying: What does the judge actually need to decide today?
Then the evidence should be focused on those issues.
What Does the Judge Care About in a Custody Case?
When temporary custody and possession are at issue, the court’s focus is the best interest of the child. Texas law authorizes temporary orders for the child’s safety and welfare while the case remains pending.
Depending on the case, relevant facts may include the child’s existing routine, each parent’s involvement in the child’s daily life, school and childcare arrangements, the parents’ respective schedules, the child’s needs, safety concerns, and each parent’s ability to provide a stable environment.
This is not supposed to be a competition over which parent can make the other look worse. The question is what temporary arrangement best serves the child while the case proceeds.
Will the Judge Decide Who Gets the House?
Possibly, but that doesn’t necessarily mean the judge is deciding who ultimately receives the house in the divorce. Those are two different questions. At temporary orders, the court may give one spouse the temporary exclusive use and possession of the marital residence while the divorce is pending.
Texas law authorizes temporary orders concerning the parties’ property during the case. That does not necessarily determine who owns the property or who will receive it in the final property division. The same concept applies to vehicles and other assets.
Temporary use is not necessarily final ownership.
Can the Court Order Temporary Spousal Support?
Yes. Texas law permits a court in a divorce case to order payments necessary for the support of either spouse while the case is pending.
Temporary spousal support is different from post-divorce spousal maintenance. At a temporary orders hearing, the court may look at the parties’ income, reasonable expenses, available resources, and other circumstances when determining whether temporary support is appropriate.
This is one reason accurate financial information is so important before the hearing.
Can the Judge Order Attorney’s Fees?
Potentially. Texas law permits certain interim attorney’s-fee awards in temporary orders, and in a suit involving children the court may also order payment of reasonable and necessary attorney’s fees, court costs, and expenses. Whether fees are awarded, and how much, depends on the circumstances and the legal basis for the request.
Do We Have to Have a Hearing?
Not necessarily. Many temporary-orders issues are resolved by agreement. Sometimes the attorneys negotiate before the hearing. Sometimes an agreement is reached at the courthouse. In some cases, the parties participate in mediation.
If the parties can agree on all temporary issues, the agreement can potentially be reduced to written temporary orders without asking the judge to decide every disputed issue. If they can agree on some issues but not others, that can still significantly narrow what the judge needs to hear.
An agreement is not always possible. But resolving five issues and asking the judge to decide two is usually more efficient than litigating all seven simply because the parties disagree about some of them.
How Long Does a Temporary Orders Hearing Take?
It varies significantly by court and by case. Some courts impose strict time limits. A relatively straightforward hearing may be short. A heavily contested custody or financial case can require substantially more time.
This makes preparation particularly important. When courtroom time is limited, your attorney may have to present the most important evidence efficiently rather than presenting every witness or document that could conceivably relate to the dispute.
When Does the Judge Make a Decision?
Sometimes the judge announces a ruling at the conclusion of the hearing. Other times, the court may take the matter under advisement and issue a ruling later. Once temporary orders are entered, they generally govern the parties until they are modified, superseded, or replaced by final orders. That means you should take them seriously.
Are Temporary Orders Permanent?
No, they are temporary. But temporary does not mean unimportant. Temporary orders can remain in effect for months while a case proceeds through discovery, mediation, evaluations, negotiations, and possibly trial. They can determine where your children sleep, when you see them, who lives in the house, how bills are paid, and how much support changes hands during that period.
And practically speaking, the routine established under temporary orders may become part of the factual landscape of the case. That is one reason a temporary orders hearing deserves careful preparation.
What Should I Do Before the Hearing?
The best preparation will depend on your case, but several principles apply broadly.
- Know what you’re asking the court to order, and why.
- Review the important facts and documents with your attorney.
- Make sure your attorney has financial records, communications, photographs, calendars, and other potential evidence well before the hearing.
- Understand what questions you are likely to be asked.
- Be realistic about what actually matters.
Your temporary orders hearing is not an opportunity to prove that your spouse was a terrible husband or that your ex was a difficult person to live with. The court has specific decisions to make. Your job, and your attorney’s job, is to give the court the relevant evidence it needs to make them.
Final Thoughts
A temporary orders hearing can feel overwhelming because it often happens relatively early in the case, when emotions are high and the parties are still adjusting to major changes in their lives. But understanding the purpose of the hearing can make it much less intimidating.
The judge is generally not deciding your entire divorce or custody case that day. The court is establishing temporary rules that allow the family to function while the case moves forward. Those rules may address children, support, the house, vehicles, bills, property, attorney’s fees, and other immediate issues. Because those orders can remain in place for a significant period of time, being prepared matters.
Facing a Temporary Orders Hearing?
At Grinke Stewart Family Law, we represent clients in temporary orders hearings and other contested family-law matters throughout North Texas. We help clients understand what issues are actually before the court, identify the evidence that matters, prepare for testimony, and develop a strategy for the temporary orders they need while their case is pending.
If you have an upcoming temporary orders hearing, or have just been served with a request for temporary orders, preparing before you walk into the courtroom can make an enormous difference.
