A divorce can take months. Temporary orders decide how you will live during that time — who stays in the house, who pays the mortgage, whether interim support is paid, and who funds the litigation. They are often the most consequential hearing in the entire case.
What the Court Can Order
Section 6.502 gives the court broad authority to make temporary orders for the preservation of the property and the protection of the parties. Common provisions include:
- Exclusive use of the marital residence and of vehicles;
- Who pays which debts — mortgage, utilities, insurance, car notes, credit cards;
- Temporary spousal support to a spouse who cannot meet minimum reasonable needs;
- Interim attorney’s fees and expert costs, so a non-earning spouse can litigate on fair footing;
- Preservation of property, including an accounting, an inventory deadline, or a receiver in serious cases;
- Orders requiring production of documents and access to records.
Temporary Spousal Support Is Not Maintenance
This distinction matters. Court-ordered spousal maintenance under Chapter 8 is post-divorce, capped by statute, and available only on narrow eligibility grounds. Temporary spousal support is an interim order under Chapter 6 based on one spouse’s need and the other’s ability to pay. It is not bound by the Chapter 8 caps, and receiving it does not mean you will receive maintenance in the final decree.
How the Hearing Works
Temporary orders hearings are short — often under an hour per side, sometimes far less. Judges decide on limited evidence, so preparation is everything: a clean monthly budget, recent pay stubs, bank and credit card statements, the mortgage statement, and a concise proposed order. Many courts require mediation first — and if the court refers the case to mediation on its own motion while a temporary orders motion is pending, § 6.502(a-1) bars it from pushing the initial hearing past the 30th day after the date it was set.
They Set the Tone
Whatever the court orders temporarily tends to become the reference point for the final decree, simply because it is the arrangement everyone lived with. Treating this hearing as a formality is a common and expensive mistake.
Changing or Appealing Temporary Orders
Temporary orders can be modified if circumstances change materially. They generally cannot be appealed: § 6.507 provides that an order under this subchapter is not subject to interlocutory appeal, except an order appointing a receiver. In rare cases mandamus is available where the trial court clearly abused its discretion. Temporary orders end when the final decree is signed, though § 6.709 allows the court to enter temporary orders during an appeal.
Frequently Asked Questions
Can I get spousal support while the divorce is pending?
Yes. Temporary spousal support is available under Chapter 6 based on need and ability to pay, and it is separate from post-divorce maintenance.
Can the judge order my spouse to pay my attorney’s fees now?
Courts can order interim attorney’s fees and expenses so that both spouses can participate meaningfully in the case.
Can I appeal a temporary order I disagree with?
Generally no. Section 6.507 bars interlocutory appeal of most temporary orders, though modification or, rarely, mandamus may be available.
Texas Statutes Referenced
- § 6.502 — Temporary Injunction and Other Temporary Orders
- § 6.501 — Temporary Restraining Order
- § 6.507 — Interlocutory Appeal
- § 6.709 — Temporary Orders During Appeal
- Chapter 8 — Maintenance
Related Pages
- Texas Divorce (main page)
- TROs and Standing Orders
- Spousal Maintenance
- Attorney’s Fees and Court Costs
Talk With a Texas Divorce Attorney
Walk into the temporary orders hearing with a budget, records, and a plan. Call 713-955-6182 or contact The De Leon Law Firm.