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What is The Travis County Standing Order
The Travis County Standing Order is an injunctive Order that goes in to effect immediately upon the filing of an Original Petition for Divorce or Suit Affecting the Parent Child Relationship. No party to a divorce or suit affecting the parent-child relationship specifically requests this Order, this is an Order that automatically takes effect upon filing the lawsuit. Therefore, before filing for a divorce in Travis County, it is important to understand the orders and restrictions set forth in the Travis County Standing Order.
The Travis County Standing Order provides a set of Orders that the parties to a divorce or suit affecting the parent-child Relationship are required to follow. They are the ground rules that apply immediately upon the filing of a suit. Essentially, the intent of the Standing Order is to maintain the current status quo of the parties, provide for civility between the parties in a divorce or suit affecting the parent-child relationship, preserve property, and minimize disruption to the children.
What Effect Does it Have on My Case?
Upon filing the original petition, a copy of the standing order is attached to the petition and remains in effect until the Court signs a final order in this matter. There are situations in which the Court can modify the terms in the Standing Order but this modification will have to be specifically requested from and ruled on by the Court. It is important to understand that the Standing Order automatically becomes a temporary injunction after 14 days from the date of filing, unless a party presents evidence before the Court on why the Standing Order should be modified.
The Standing Order is broken down to nine broad sections as follows:
Impact on the Children the Subject of the Suit
As to the children, it is important to understand that upon filing of the suit, the Standing Order specifically prohibits either party from the following:
It is important to understand the effect of these provisions because if you are planning to travel outside the State of Texas, enrolling the child in another school, or moving the child’s primary residence, this Standing Order can impact your ability to do that without further Court order.
Impact on Property Pending Divorce
It is also important to understand the prohibitions in the Standing Order as it relates to your property. Pursuant to the Standing Order, there are specific restrictions as to incurring indebtedness and as to spending money pending a divorce.
Essentially, both parties are only entitled to incur indebtedness and spend money as follows:
For more information on the Travis County Standing Order, contact Trisha Dixon.
If you’re interested in working with one of our experienced attorneys, fill out a form or give us a call and we would be happy to discuss your situation with you.Contact Us