Brandon Young Bell

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Phone: (972) 668-1462
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Address: 38 1st Street NW, Paris, Texas 75460

Temporary Orders

The Texas Legislature in drafting the Family Code recognized the need to sometimes establish immediate stability for the spouses and children during the divorce proceedings. Either party can ask for Temporary Orders, or if the parties cannot agree to a temporary arrangement, the Court will give the parties an opportunity to be heard and decide the temporary arrangement for them. This Temporary Hearing will be limited in time usually to less than an hour, but is generally very important for a number of reasons. The Temporary Hearing will likely be the Court's first time to gain an understanding of the issues involved in the case (i.e. Judge's first impression). Also, Temporary Orders can sometimes last for over a year or even years. Living under temporary orders for years can be a poignant experience, especially when young children are affected. Therefore, the Temporary Hearing should be taken seriously and, as always, counsel should be sought from a competent attorney.

If children are involved, the Court may make Temporary Orders for the safety and welfare of the child including orders for support, possession and access, and sometimes orders restraining parties from actions that the Court considers against the best interest of the child. The Court may also order a number of other requirements such as a social study by a qualified professional that the Court will rely on for recommendations concerning the child. The Court may order the spouses or parents (if children are involved) to counseling, psychological evaluations, or drug testing. The Court may also make orders concerning the spouses' actions or property apart from orders concerning any children. The Court can force a spouse out of the marital home, can provide for temporary spousal support, and can even order one party to pay the other's attorney.

After Temporary Orders are entered, parties will often enter into the discovery phase of litigation.

Brandon Young Bell

Areas of Practice
  • Family Law