The weeks right after a divorce is filed are often the most unsettled. Who stays in the house? Where do the kids sleep on Tuesday? Who pays the mortgage this month? In New Braunfels and across Comal County, Texas courts answer those questions with temporary orders, which are short-term rules that keep a family stable until the divorce is final. As family law attorneys who handle these hearings regularly, we want you to know what temporary orders can cover, how they are requested, and how to walk in prepared.
What Temporary Orders Can Cover
Texas law gives the court broad authority to make orders “for the preservation of the property and protection of the parties” while a divorce is pending. In practical terms, temporary orders commonly address:
- Conservatorship and possession of the children. Which parent has the right to designate the children’s primary residence for now, and the visitation schedule for the other parent.
- Temporary child support and who carries health insurance for the children.
- Temporary spousal support. This is separate from post-divorce spousal maintenance and is based on need during the case.
- Use of the home and vehicles. One spouse may get exclusive use of the residence; each may be assigned a car.
- Payment of bills. Mortgage, utilities, insurance premiums, credit cards and car notes.
- Protection of assets. Rules against hiding, selling or wasting property, running up debt, or changing insurance beneficiaries.
- Interim attorney’s fees in some cases, so that a spouse without access to money can still be represented.
- Behavior rules, such as no disparaging the other parent in front of the children.
Temporary restraining orders and standing orders
A temporary restraining order (TRO) can be signed quickly, often when the case is filed, to stop specific conduct like emptying bank accounts. It is short-lived and is usually followed by a hearing on temporary orders.
Some Texas counties also have standing orders that apply automatically to every divorce filed there, covering things like preserving property and keeping children in their schools. Whether a standing order applies depends on the county where the case is filed, and that matters here because part of New Braunfels sits in Guadalupe County. Ask the district clerk in your county, or ask us, whether a standing order is in place and what it requires.
How Temporary Orders Work in New Braunfels and Comal County
The process typically looks like this:
- The request. A motion for temporary orders is filed, often with the original petition for divorce. It asks for specific relief.
- Service. The other spouse must be served or must sign a waiver or appear. See our page on how to file for divorce for how service works.
- Negotiation. Many cases settle temporary issues before the hearing. In some cases the parties attend a short mediation focused only on temporary orders.
- The hearing. If there is no agreement, the judge hears evidence. Temporary orders hearings are usually much shorter than a final trial, so evidence has to be focused.
- The written order. The ruling is reduced to a written order, signed by the judge, and that document is what gets enforced.
Because families here often have one parent commuting up I-35 to San Antonio or Austin while the other works locally, the schedule details matter: exchange times, pickup at school, and who handles the drive. Spell those out rather than leaving them to goodwill.
Preparing for a Temporary Orders Hearing
A temporary hearing can move fast. The parent or spouse who arrives with organized information is in a much better position. Gather:
- Recent pay stubs and last year’s tax return, for both spouses if you have them
- A monthly budget showing actual household expenses
- Statements for the mortgage, car notes, credit cards and utilities
- The children’s school and activity schedules, and a calendar of who has handled what
- Health insurance information and cost for the children
- Any texts, emails or records relevant to safety or parenting concerns
Tips that help
- Propose something specific. “I want the kids” is less helpful than a concrete weekly schedule that works with school and both work hours.
- Keep the status quo in mind. Courts often favor stability. If you have been the parent handling school mornings, document it.
- Do not move out or move money without advice. What you do in the first weeks can shape temporary orders. Our guide on what not to do during separation covers common missteps.
- Watch your messages. Texts and social media posts frequently become exhibits.
How Long Temporary Orders Last
Temporary orders stay in effect until the divorce is final, until the case is dismissed, or until the court modifies them. If circumstances change significantly while the divorce is pending, such as a job loss or a move, either spouse can ask the court to revisit them.
Temporary orders are not the final word, but they set the baseline. A parent who has thrived under a temporary schedule for six months can point to that history at mediation or trial. That is one reason it makes sense to get the temporary terms right rather than agreeing to anything just to get through the first hearing.
Agreed Temporary Orders vs. a Contested Hearing
| Agreed temporary orders | Contested hearing | |
|---|---|---|
| Who decides | The spouses, approved by the judge | The judge, after evidence |
| Cost | Usually lower | Higher, due to preparation and court time |
| Timing | Often faster | Depends on the court’s docket |
| Control over details | High | Limited to what the judge orders |
Many couples who disagree about the final outcome can still agree on how to run the household for a few months. If you and your spouse can talk, an agreed order is often the smarter route. If you cannot, or if there are safety concerns, a hearing protects you. When family violence is involved, a protective order may be appropriate alongside or instead of temporary orders.
When Temporary Orders Are Most Important
Temporary orders tend to matter most when:
- One spouse controls all the household income or accounts
- There is disagreement about where the children should live during the case
- One spouse is threatening to move away with the children
- There is a business, and someone needs to keep it running and accounted for
- Bills are going unpaid, putting the house or credit at risk
- There are concerns about substance use, safety or family violence
If none of these apply and you and your spouse are cooperating, you may be able to skip a temporary hearing and move toward an uncontested divorce.
Talk With a New Braunfels Family Lawyer About Temporary Orders
If you are about to file, or your spouse has already filed in Comal County or Guadalupe County, the first few weeks set the tone for everything after. New Braunfels Family Law offers a free consultation by phone, video or in person to talk through what to ask for and how to prepare. Call (830) 302-4071. Hablamos español.
Frequently Asked Questions
How soon can I get temporary orders after filing for divorce in Texas?
A request for temporary orders can be filed with the divorce petition or any time after. How quickly a hearing happens depends on the court’s calendar and whether the other spouse has been served, so in practice it can be a few weeks. If there is an emergency involving safety, a faster path may be available.
Do temporary orders become the final orders?
No. Temporary orders last only until the divorce is final or the court changes them. That said, the arrangement the children live under for months often shapes what feels normal, so it is worth taking the temporary hearing seriously.
Can temporary orders make my spouse move out of the house?
They can. A Texas court can award one spouse exclusive use of the residence while the case is pending, for example where the conflict is harming the children. The court weighs the circumstances, and family violence is treated very seriously.
What happens if my spouse ignores temporary orders?
Temporary orders are enforceable court orders. A spouse who violates them can face a motion for enforcement and contempt, and the violation can also influence how the judge views that spouse at final trial.
Can we agree on temporary orders without a hearing?
Yes, and many couples do. Agreed temporary orders are written up, signed and submitted to the judge, which saves time and fees. Our office can help draft terms that cover the details people tend to forget, like who pays the car insurance.
Last reviewed November 13, 2026. General information only, not legal advice.