By Trey Yates
For many individuals facing divorce, a common concern is the disruption of financial security during the divorce process. This prospect can be especially frightening and overwhelming when a stay-at-home parent, a financially dependent spouse or a disabled spouse is facing divorce.
Here are some concerns I hear from clients facing divorce who fear significant financial challenges:
- “My spouse earns much more than I do, how will I support myself and my children on my income alone while I’m going through divorce?”
- “My spouse has complete control of the household finances. I have no money to pay a divorce attorney.”
- “My spouse is threatening to take away my children if I file for divorce since he/she makes most of the income.”
- “I set aside my career after marriage to care for our children for many years and do not have a job. I need help acquiring skills so I can get work after the divorce.”
Temporary spousal support plays a critical role in maintaining financial stability during the divorce process by providing necessary financial support from one spouse to another through a court-imposed temporary order.
I have counseled many individuals in these and similar circumstances who are so concerned about finances, they are virtually paralyzed with fear and unable to take action. I cannot over emphasize the fact that there are solutions to these and other concerns with regard to maintaining a couple’s financial stability during the divorce process.
What Can Temporary Orders Include?
While the divorce is pending and a settlement agreement is being worked out, most couples benefit from setting up temporary orders and/or support to protect their assets and credit during the divorce process. Temporary orders are crucial in family law cases as they provide immediate guidelines and expectations. Whatever the situation, either spouse can ask for a temporary support hearing at the time the divorce is filed or shortly thereafter. Temporary injunctions can also be requested to prevent immediate harm or protect assets during the divorce process.
Temporary Orders Can Include Temporary Child Custody, Temporary Child Support, As Well As the Following:
- Who stays in the family home
- Who cares for the children
- Who is financially responsible for the mortgage payment, utilities, car payments, etc.
- Temporary spousal support
These orders also set rules restraining any inappropriate conduct by divorcing spouses. Temporary child custody and temporary child support arrangements can also be established to ensure the well-being of the children during the divorce process.
What is a Temporary Order Hearing?
While the divorce is pending and a settlement agreement is being worked out, a court order from the family court can be sought through a temporary orders hearing. These temporary order hearings are essential for making urgent decisions about child custody, child support, and other financial responsibilities. Temporary orders play a significant role in family law cases, impacting the final divorce decree and final order.
What is a Temporary Order Document?
In my experience, couples can often agree upon reasonable, temporary financial arrangements, through their attorneys, that will tide them over until the divorce is final. One attorney can draft a Temporary Orders document that outlines all the financial details agreed on. This document is then signed by each spouse and filed with the court.
Why Temporary Orders are Important During Divorce and Family Law Cases
Agreeing on temporary orders at this stage moves the process along, alleviates fears and avoids incurring additional legal fees from going to court. Individuals impacted by family violence can seek protective orders and temporary restraining orders to ensure their safety during the divorce process. Temporary restraining orders and temporary injunctions can also be sought to protect individuals and property during the divorce process.
Secure Your Finances During Your Divorce
As far as paying attorney’s fees, many lawyers today accept credit cards, or offer online payment programs. This is an option to consider if couples are cash strapped, or want to preserve what cash reserves they have for unexpected expenses during divorce.
The first step to securing your finances during the divorce process is to find a Texas board certified family law attorney who is experienced in divorce and can assist you with these and other concerns. To schedule a consultation, call our office at 713-932-7177. Also, check out our schedule of upcoming Guide to Good Divorce seminars.
