A Texas divorce takes at least 60 days and often much longer. During that time, someone has to decide where the children live, who stays in the house and who pays the mortgage. If you and your spouse can't agree, the court can make those decisions in temporary orders.
Temporary orders last until the divorce is final or the court changes them. They matter more than their name suggests, because the arrangement set at the start of a case often becomes the starting point for the final result.
Temporary restraining orders vs. temporary orders
People often mix these up. They're related but different.
| Temporary restraining order (TRO) | Temporary orders | |
|---|---|---|
| Purpose | Freeze things in place, stop harmful conduct | Set rules for custody, support, property use during the case |
| How granted | Often without a hearing, based on a sworn petition | After a hearing or by agreement |
| How long | Short-term, until a hearing can be held | Until the final decree or further order |
A TRO typically stops both spouses from things like hiding property, cancelling insurance, harassing each other or removing the children from the area. It can be issued quickly and doesn't last long; it is meant to hold things steady until a hearing. Many Texas counties also have standing orders that apply automatically in every divorce and cover much of the same ground.
Temporary orders, on the other hand, decide the bigger day-to-day questions. They're usually issued after a hearing where both sides can present evidence, or they're agreed to by both spouses and signed by the judge.
What temporary orders can cover
Who stays in the house
The court can give one spouse temporary exclusive use of the marital home. Judges often consider where the children will live, who can afford the home, safety concerns and whether either spouse has another place to stay. Exclusive use during the case is not the same as being awarded the house in the final decree, though it can influence later negotiations.
If there's family violence, a spouse can ask the court to remove the other spouse from the residence on an emergency basis. That process has its own requirements and often involves a protective order. See our page on protective orders in Guadalupe County.
Temporary custody and visitation
If you have children, temporary orders typically name temporary conservators, decide which parent has the right to designate the children's primary residence during the case, and set a possession schedule. Many courts start from the Standard Possession Order unless there's a reason to do something different. The judge's guide is the children's best interest.
Temporary child support
Temporary child support is usually calculated using the same Texas guidelines as final child support: a percentage of the paying parent's net resources based on the number of children, plus medical and dental support. You can get a rough idea with our child support calculator.
Temporary spousal support
Texas courts can order one spouse to pay temporary support to the other during the case. Temporary spousal support is different from post-divorce spousal maintenance. The strict eligibility rules and caps that apply to maintenance after divorce don't control temporary support in the same way. The court looks at need and ability to pay while the case is pending.
Bills, property and other issues
Temporary orders can also decide:
- Who pays the mortgage, rent, utilities, car payments and insurance.
- Who drives which vehicle.
- Access to bank accounts and limits on spending.
- Payment of interim attorney's fees in some cases.
- Deadlines for exchanging financial information, such as sworn inventories.
- Rules about pets, personal belongings and communication between spouses.
How the temporary orders hearing works
Either spouse can ask for temporary orders, usually in the petition, counter-petition or a separate motion. The court sets a hearing, and the other side must receive notice. In Guadalupe County, hearings are held in the courts in Seguin, and scheduling depends on the court's docket.
Temporary orders hearings are usually short compared to a trial. Each side may have only a limited amount of time to present evidence. That makes preparation important. You'll typically want:
- Recent pay stubs and tax returns.
- A budget showing your monthly income and expenses.
- Information about the children's schedules, schools, activities and caregivers.
- Any texts, emails or records relevant to safety or parenting concerns.
- A clear, specific proposal for what you want the court to order.
Some courts require the spouses to attend mediation before a temporary orders hearing. Many couples reach an agreement at mediation or on the courthouse steps and present agreed temporary orders to the judge instead.
Temporary orders usually can't be appealed right away. In limited situations, a party can ask a higher court for emergency relief, but that is rare. The practical lesson: prepare well for the hearing, because you may live with the result for months.
Why temporary orders matter so much
Judges try to keep children's lives stable. If one parent has been the primary parent under temporary orders for many months and things are going well, that history can carry weight at the final trial. The same is true for property: who has been paying the mortgage and living in the house can shape later settlement talks.
Temporary orders are also enforceable. If your spouse doesn't pay temporary support or follow the possession schedule, you can ask the court to enforce the order, including through contempt.
Changing temporary orders
Temporary orders can be changed if circumstances change during the case: a job loss, a move, a safety concern or a schedule that simply isn't working. The spouse asking for a change files a motion and the court holds another hearing. Final orders in the decree replace temporary orders when the divorce is granted.
Do you need temporary orders?
Not every divorce needs them. If you and your spouse are cooperating, paying the bills and sharing time with the children without trouble, you may be able to skip temporary orders entirely and move straight toward an uncontested divorce. If money is being withheld, the children are being kept from you or the situation at home is tense, temporary orders give everyone clear, enforceable rules.
Attorney Jesus R. Lopez represents spouses in Seguin and throughout Guadalupe County at temporary orders hearings and in negotiating agreed temporary orders. He offers free consultations in English or Spanish.
Frequently asked questions
How soon can I get temporary orders?
It depends on the court's schedule and whether there's an emergency. A TRO can sometimes be signed the day a petition is filed, and a hearing on temporary orders is usually set within a few weeks.
Can my spouse make me leave the house during the divorce?
Not on their own. A court can award one spouse temporary exclusive use of the home after a hearing, and there are faster procedures when there's family violence.
Is temporary child support the same amount as final child support?
It's usually calculated with the same guidelines, but it can change in the final decree if incomes or circumstances change or new information comes out.
Do temporary orders decide who wins custody?
No. They're temporary. But the arrangement during the case can influence the final outcome, so they're worth taking seriously.
Have questions about your situation? Talk with a Seguin divorce lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.