Texas Divorce - What is standing order

A standing order, in the context of a Texas divorce, is a legal order issued by the court that sets forth certain rules and restrictions that apply to both parties involved in a divorce case. It is put in place to ensure that both spouses maintain the status quo and follow certain guidelines during the divorce process. Standing orders are designed to protect the rights and interests of both parties and any children involved, and to prevent potential conflicts and issues from arising while the divorce proceedings are ongoing.
The specific content of standing orders can vary depending on the jurisdiction, but they often address matters such as:
  • Financial Matters: Standing orders may require both parties to refrain from making significant financial changes or expenditures without the consent of the other party or the court. This helps prevent one spouse from dissipating or hiding assets that should be subject to division in the divorce.
  • Property and Asset Management: Parties might be prohibited from selling, transferring, or otherwise disposing of marital property, except in the ordinary course of business or with the consent of the other party or the court.
  • Child Custody and Visitation: Standing orders may establish guidelines for child custody and visitation arrangements, including preventing either parent from removing the children from the jurisdiction without court approval.
  • Communication: They might include provisions that encourage civil communication between the parties and prevent harassment or interference with each other's lives.
  • Restraining Orders: Certain standing orders may include temporary restraining orders (TROs) that prohibit actions like canceling insurance policies, altering wills, or changing beneficiaries during the divorce process.
  • Child Support and Spousal Support: Standing orders might outline temporary child support and spousal support arrangements while the divorce is pending.
Standing orders are required in most of the counties in Texas while filing divorce petition. Here is the list of counties and standing orders.
The reason standing orders are used in Texas divorces (and in other jurisdictions as well) is to maintain stability and protect the interests of all parties involved. Divorce proceedings can be emotionally charged, and there's a potential for conflict and disputes to arise. By implementing standing orders, the court aims to prevent actions that could unfairly disadvantage one party, interfere with the divorce process, or harm children's well-being.
It's important to note that standing orders are often in effect automatically once a divorce case is filed, and they remain in effect until the divorce is finalized or until further court orders are issued. Parties are expected to adhere to these orders throughout the divorce proceedings. If either party believes that modifications or exceptions are necessary, they may need to request court approval to make those changes.