Temporary Orders Hearings in Bexar County
Temporary Orders usually occur at the beginning of a divorce case. They are often required when there are children or property that are in dispute. The following article will explain what typically happens when a case is set for Temporary Orders in Bexar County.
A divorce case may last months or years; because the time frames vary and are often unknown a party in the divorce may file a motion for Temporary Orders. This motion asks the court for specific relief to be granted while the divorce case is pending. In layman terms it is generally asking the court to set the “rules” for the remainder of the divorce case.
The requested relief in a Temporary Orders varies but the following requests are most common:
Injunctions preventing parties from doing certain things during the divorce such as going to other parties work, etc.,
The custody arrangement of the parties,
Who pays child support and what is the amount,
Does one spouse pay another spouse support and what is the amount,
Who will remain in the marital residence and who will be forced to leave,
What bills each party will pay.
WHAT TO EXPECT THE DAY OF THE HEARING
Your court hearing will be held at 9:00 a.m. at presiding court. If you do not have an attorney you report to room 1.09. If you have an attorney, your attorney will often ask you to wait in room 1.15. Room 1.15 is a large waiting room just down the hall from presiding court, this room is located next to a shoe shine stand and includes a reception area with copy machines and conference rooms for the clients and their attorneys to use.
At 9:00 a.m. the judge will call the docket starting with the oldest cases first. When the judge calls the case the attorneys will stand up and each side will make an announcement this is usually one of the following: not ready, ready, or conferring.
If an attorney has not had time to prepare or maybe just got hired on the case they will announce, “not ready”.
If the attorney’s have not discussed the case prior to the temporary orders hearing they will often announce “conferring”. Conferring allows the parties to discuss the case and potentially come to agreement.
If the attorney’s have conferred prior to the hearing date and cannot come to an agreement they will often need a judge to make a ruling on any matters that are not agreed upon. In this case the attorneys will announce “ready” and a time limit needed to complete their arguments to the judge.
When the attorneys confer they will try to come to agreements about various issues particular to the divorce. If they can come to an agreement then they will write their agreements down in a temporary order and the parties and the judge will sign it. This temporary order becomes binding on the parties and they must follow it during the pendency of the divorce.
When attorneys cannot come to an agreement, the presiding judge will assign the attorneys out to a court to hear the case. This process of assigning cases out to courts is completely random and makes predicting outcomes for a client difficult. The assigned judge will hear the arguments of the parties and make a ruling this becomes the order and is binding on the parties.
Call Attorney Justin Cook today for your temporary orders hearing assistance. (210) 271-2800.