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An Introduction to the Divorce
Process in Dallas Texas
Separation
Filing for Divorce
Temporary Divorce Orders
Conducting Divorce Discovery
Mediation and Settlement
in the Divorce Process
Collaborative Representation
in the Divorce Process
Divorce Trials In Dallas
Decree of Divorce
Appellate Process in
the Dallas District
Divorce Modification
Paternity
Adoption
Grandparent Access
Child Protective Services
Abuse
Divorcing a US Military
Service Person
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Standing Orders / Temporary Orders in
Dallas Divorce Proceedings
Standing Order
Temporary Orders
Custody and Child Support
Spousal Support
Temporary Restraining Order
Protective Order for Physical Violence
A party filing a divorce in Dallas County is immediately
subject to the "Dallas County Standing Order Regarding
Children, Pets, Property and Conduct of the Parties." The
other party becomes subject to the Standing Order
immediately on receipt of service.The Standing Order was
adopted to protect persons, pets and property during the
divorce process. A violation of the Standing Order is a very
serious matter, and, depending on the violation, may lead to
contempt proceedings and possibly a fine and/or
incarceration.
Temporary orders are legally binding orders setting forth
the rights and duties for you and your spouse until
the final decree is entered. Temporary Orders can specify
who gets to reside in the marital residence, who can write
checks on specific bank accounts, who gets the kids, etc.
Temporary orders can also prevent a spouse from contacting
you, spending or transferring money, leaving with the child(ren).
If you and your spouse cannot agree on possession and access
to your minor child(ren) during the divorce, you will need
temporary orders. You have a right to be a parent to your
child(ren). If your spouse is currently refusing to let you
see or contact your child(ren) seek legal counsel. Do not
attempt to force possession even if it is the fair thing to
do. You can endanger yourself and your child(ren), as well
as jeopardize custody in the future. If your spouse fails to
abide by the temporary orders they are in contempt, and can
be ordered to appear in Court. If they do not appear a bench
warrant can be issued, and they will be taken into custody.
At their contempt hearing they can be sentenced to jail or
can have assets taken to satisfy the Court's orders.
The Court will grant orders regarding temporary child
custody and child support when they are required for the
child's safety and welfare. Following notice and a hearing,
the court may order:
- An award of temporary conservatorship, providing for
possession of and access to the child by the parents.
- An order for the preparation of a social study into
the circumstances and conditions of the child and of the
home of any person seeking managing conservatorship or
possession of the child
- The appointment a mental health professional to aid
the determination of the child's best interest in a
contested custody case. Note - such an appointment at
the temporary order stage is usually considered
premature, as is the requirement of a social study,
given the prospect that the parties may reach an
agreement on the custody issue.
- An order for the temporary support of a child,
including provisions for health care.
- And often an order for the payment of reasonable
attorney's fees and expenses for the divorce, including
the temporary orders hearing, and anticipated costs.
This prevents an unjust disparity in the representation
of one spouse over another.
The court may order the parties to attend a parent
education and family stabilization course if such an order
is in the child's best interest. The course must be at least
four hours but not more than 12 hours in length and be
designed to educate and assist parents with regard to the
consequences of divorce on parents and children. Information
obtained in a course or a statement made by a party during a
course may not be considered in the adjudication of the suit
or in any subsequent legal proceeding. Any report that
results from participation in the course may not become a
record in the suit unless the parties so stipulate in
writing. If a party fails to attend or complete a course as
ordered, the court may take appropriate action, including
holding the party in contempt, striking pleadings, or
invoking any sanction provided by Texas Rule of Civil
Procedure Rule 215. However, a party's failure to attend or
complete the course may not delay rendition of judgment.
The application for temporary orders may contain a request
that the court, after notice and hearing, require that the
opposing party pay the applying party support during the
pendency of the case. The request for spousal support is
based on the applicant having insufficient income for his or
her own support during the pendency of the suit, and the
opposing party being capable of contributing to the movant's
support in a limited specified sum. Temporary Orders for
support are not intended to make an interim division of the
property or to equalize the standard of living for each
party pending a final property division.
The duty of support usually ends with dissolution of the
marriage. However, the Family Code extends that duty in
exceptional situations by allowing the court to award
"maintenance", meaning payments from the future income of
one spouse for the support of the other. The Code does not
expressly authorize spousal maintenance during the pendency
of the suit and before a divorce is rendered, but it does
not prohibit an interim award.
The prerequisites for post-divorce maintenance are many,
including the the necessity of at least a 10-year marriage,
or compelling circumstances like a disability or criminal
conviction for family violence. Accordingly, the better
route for temporary support pending a final decree is the
enforcement of the other spouse's duty for support during
the existence of the marital relationship.
A temporary restraining order (TRO) is an order issued
without notice to the opposing party. Although purely
optional, a TRO is often an essential ingredient in an
action for dissolution of a marriage in order to preserve
the marital estate and protect the parties. A restraining
order may be made effective as soon as it is served on the
opposing party, usually just after an action for dissolution
of a marriage is filed. The court's power to render these ex
parte orders is limited, however, to ``keeping the peace'',
and no TRO may be effective for more than 14 days, unless
extended by the court for good cause.
Orders more onerous than usual, referred to as "protective
orders", may be issued in situations involving family
violence. A protective order may take the form of a
temporary injunction issued after notice or it may be issued
without notice, akin to a TRO. A protective order is usually
issued if there has been a history of family violence within
the previous six months. A protective order is designed to
keep the offending party at least 1000 feet away from the
victim and the residence and place of business of the
victim. It may also be used to keep the offending party away
from the children if there is a history of abuse.
By its very nature, a protective order is a temporary
order because it is effective for no more than two years.
Protective orders may be issued to restrain violent acts or
threats of violence committed by members of a family or
household against one another. An application for a
protective order may be filed while a dissolution suit is
pending.
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