Texas Legal Glossary · Family Law

Temporary Orders

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: Temporary orders are court orders issued early in a Texas divorce or custody case under Family Code § 6.502 and § 105.001 that govern property use, support, possession of children, and attorney fees while the case is pending, until a final decree replaces them.

Also called: temp orders, interim orders, pendente lite orders

What temporary orders mean in Texas

Temporary orders set the rules of the household while a divorce or SAPCR works its way to a final order. Texas Family Code § 6.502 lists what a court may order in a pending divorce: a sworn inventory and appraisement, temporary spousal support, payment of attorney fees and expenses, exclusive use of the marital residence, control of specific property, and a temporary injunction preserving the estate. Section 105.001 covers children: temporary conservatorship, possession and access, child support, and protection of the child’s safety.

A divorce in Texas takes at least 60 days and often a year or more. Temporary orders fill that gap. They bind both spouses from the date they are signed until the final decree replaces them or the court modifies them.

How it works in practice

Either party requests temporary orders in the original petition or a separate motion. The court sets a hearing, typically within a few weeks of filing. In Travis County, temporary orders hearings are heard by the associate judges at the Civil and Family Courts Facility, and the local rules require the parties to attempt mediation or a settlement conference before the hearing in many cases. Hearings are short, often 20 minutes per side, so preparation and exhibits matter more than speeches.

Common temporary orders include which spouse stays in the house, who pays the mortgage and car notes, a temporary possession schedule for the children, temporary child support under the guidelines, and an order that each spouse keep paying their own credit cards. Agreed temporary orders are routine. Contested ones are the first real test of each side’s evidence.

Why it matters in your case

Temporary orders shape the final outcome more than their name suggests. A temporary possession schedule that works for several months becomes the status quo a judge is reluctant to disturb. A spouse awarded temporary exclusive use of the home often keeps it. Temporary support levels anchor later negotiations. Violating temporary orders can result in contempt, so they are not suggestions. We treat the temporary orders hearing as the most important early event in a contested case.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.