The process of getting a divorce often involves various legal procedures. One significant aspect is the application of “Temporary Orders.” These orders are issued by the court to maintain a semblance of stability during the divorce process, ensuring that both parties’ rights are upheld, and any potential harmful actions are curtailed. Here’s a closer look at this crucial aspect of the divorce process.
1. Temporary Restraining Order (Sec. 6.501)
A Temporary Restraining Order (TRO) can be granted by the court without prior notice to the adverse party. Its primary purpose is to maintain the status quo and ensure that neither party takes actions that could be detrimental to the other party, the marital property, or the ongoing divorce proceedings. Some actions prohibited under a TRO include:
- Harassment or threats through any means.
- Causing physical harm to the other party or children.
- Destroying or altering any tangible or intellectual property.
- Withdrawing or borrowing funds beyond a specified limit.
- Changing beneficiary designations on life insurance policies.
- Opening or diverting mail addressed to the other party.
- And numerous other restrictions ensuring protection and preservation of assets and well-being.
2. Temporary Injunction and Other Temporary Orders (Sec. 6.502)
While a divorce suit is pending, the court can grant various temporary orders after a notice and hearing, such as:
- Requiring a detailed inventory and appraisal of all assets.
- Mandating payments for spousal support.
- Ordering the protection and non-alienation of marital property.
- Appointing a receiver to oversee the property.
- Awarding one spouse exclusive occupancy of the marital residence.
3. Protective Orders (Sec. 6.504)
If there’s a genuine concern for safety or well-being, the court can issue a protective order to prevent potential harm. This order can protect one party from threats, abuse, or harassment from the other.
4. Counseling (Sec. 6.505)
The court may advise the parties to seek counseling, especially if there’s a possibility of reconciliation. If children are involved, counseling will also address issues they might face due to the ongoing divorce proceedings.
5. Contempt (Sec. 6.506)
Violating any temporary order can lead to contempt of court, which might result in penalties or jail time.
6. Interlocutory Appeal (Sec. 6.507)
With the exception of orders appointing a receiver, the temporary orders issued are not open to interlocutory appeal. This means that they cannot be appealed until the entire divorce process is complete.
The process of divorce can be emotionally taxing and complex. Temporary orders play an essential role in ensuring fairness, preventing potential harm, and maintaining stability during these challenging times. Understanding these orders can help you navigate the divorce process with more clarity.
Ready to take the next step? Schedule an appointment with The Blacknall Firm today and ensure you have representation that stands by your side.