Family Law Standing Orders in TX
Most counties in Texas have a standing order that is in place for family law cases. It sets out general guidelines for how the parties to the case should behave with regards to property/use of money, conduct of the parties, personal and business records, insurance, household bills/ documents and evidence and children.
The standing order goes into effect when the petition is filed.
The answer is on a case by case basis. While both parties reside in the home it in inadvisable to change the locks. Regardless of whether you rent or own your home, unless the residence has been designated for the exclusive use of one of the parties, both spouses have a right to use the residence.
I still own the marital residence but I am living in an apartment. Why can’t I come and go into the marital residence?
Generally, temporary orders provide that the two residences are set aside for each party’s sole use and enjoyment. Neither party wants the other party coming in and out of their private space.
No, the standing order prohibits changing the terms of your will.
No, the standing order prohibits changing the beneficiary on your retirement accounts.
Because all property is presumed to be community property until it has been shown to be separate property by clear and convincing evidence. Even property that starts out as separate can become a mixed property and subject to division in the divorce proceedings.
Since we are separated, can I stop paying for my spouse’s cellphone, car payment, car insurance, health insurance, etc?
No. It is a violation of the standing order to stop payments like these during the divorce proceedings. Often these types of payments are dealt with during temporary orders.
No. It is a violation of the standing order to dispose of or incur debt not in the ordinary course of business.
Incurring debt for attorney’s fees is permitted by the standing order.
Can I cancel the internet/cable tv/water/gas/telephone/yard maintenance since I am not living at the marital residence?
Since I have moved from the marital residence, can I change my child’s school/daycare to a more convenient location?
I know my spouse’s email password. She always let me look at her emails before we filed for divorce. Can I look through her emails now?
Absolutely not. Not only is it a violation of the standing order, it is a federal offense.
If I share the cloud with my spouse and children, then is it ok for me to look at my spouse’s emails, texts and photos?
No. There are a lot of apps available that allow you to stalk your spouse. However, not only does this violate the standing order, it also could leave you open to a criminal stalking charge.