What Does the Bexar County Standing Order Restrict in a Texas Divorce?
The moment a divorce petition is filed in Bexar County, an automatic court order kicks in that restricts what both spouses can do with money, property, insurance, and their children. No hearing. No judge’s signature. No request from either side. The Bexar County Standing Order Regarding Children, Property, and Conduct attaches to every divorce and every suit affecting the parent-child relationship filed in Bexar County, and it binds both parties from the instant the petition hits the clerk’s office.
If you’re the one filing, you’re restricted before your spouse even knows the case exists. If you’re the one being served, you’re bound as soon as you receive notice. Most of the things it forbids are exactly what people do instinctively in the first panicked week: moving money, canceling a credit card, pulling the kids out of school. This is what the order actually says, what it prevents, and what happens if you break it.
What the Bexar County Standing Order Is and Why It Exists
The Bexar County Standing Order is a blanket court order adopted by the Civil District Courts of Bexar County. It applies automatically to every divorce case and every suit affecting the parent-child relationship (SAPCR) filed in the county. The order exists for two reasons, stated plainly in the document itself: to protect the parties and their children, and to preserve the parties’ property while the case is pending.
No party requests this order. It isn’t specific to your facts or your situation. It’s a standard-issue set of restrictions that every family law case in Bexar County gets, regardless of whether the divorce is friendly, hostile, or somewhere in between. The petitioner (the person filing) is required to download the standing order from the Bexar County District Clerk’s website, print it, and physically attach it to the original petition and every copy of the petition when filing.
Not every Texas county uses standing orders. Large counties like Harris and Tarrant don’t have them. But Bexar County does, and so do Dallas, Collin, Travis, and several others. If you’re filing for divorce in Bexar County, this order is part of the process whether you’ve read it or not.
When the Standing Order Takes Effect and Who It Binds
The standing order is effective the moment the original petition is filed with the District Clerk. Not when the other side is served. Not when a judge reviews anything. The second the clerk stamps that petition, the order is live.
For the petitioner, this means you are bound by every restriction in the order before you leave the courthouse. You cannot file the petition at 9:00 a.m. and drain a joint account at 9:15 a.m. You’re already under the order.
For the respondent (the spouse who gets served), the order takes effect once they have notice of the case. In practice, that means service of process, which includes the standing order as an attachment to the petition.
The order stays in effect until the court enters a different order that modifies or replaces it, or until the court signs a final decree. If you’re in a contested case that drags out for months or longer, the standing order remains in full force the entire time. It functions first as a temporary restraining order for the initial fourteen days, then automatically converts to a temporary injunction if no party contests it at a hearing during that window. Most people never contest it, so it just runs for the duration of the case.
What You Cannot Do With Money or Property
This is where the standing order catches people off guard. The property restrictions are broad, specific, and they cover almost every financial move a worried spouse might consider. Both parties, along with their agents, servants, and employees, are ordered to refrain from all of the following.
No Draining Accounts
You cannot make withdrawals from any checking or savings account at any financial institution for any purpose, except as specifically authorized by the order. That includes ATM withdrawals, counter withdrawals, and transfers. The order doesn’t say “no large withdrawals” or “no suspicious withdrawals.” It says no withdrawals, period, unless the order itself authorizes the purpose. If you’ve been thinking about pulling money out of joint accounts before the divorce gets going, the standing order already blocks that move the moment the petition is filed.
No Moving, Hiding, or Destroying Property
You cannot destroy, remove, encumber, transfer, or reduce the value of the property of one or both parties. You cannot sell, assign, mortgage, or alienate any property, whether it’s personal property or real estate, and whether it’s separate or community. You cannot damage or destroy tangible property, including documents that represent anything of value. If you were thinking about stashing cash somewhere your spouse won’t find it, the standing order makes that a direct violation of a court order, not just a bad idea.
No New Debt (With Limited Exceptions)
You cannot incur any new indebtedness except for legal expenses in connection with the divorce. No new credit cards, no financing a major purchase, no co-signing on a loan. The order freezes the marital financial picture so the court can divide what exists, not chase what one spouse ran up after filing.
No Touching Retirement or Investment Accounts
You cannot withdraw or borrow from any retirement account, profit-sharing plan, pension, employee benefit plan, IRA, or Keogh account. These accounts are frozen in place until the court says otherwise.
No Signing the Other Spouse’s Name
You cannot sign or endorse the other party’s name on any negotiable instrument, check, or draft. That includes tax refunds, insurance payments, and dividends. If a check is payable to your spouse, you cannot sign it or cash it, even if you’ve been doing that routinely throughout the marriage.
No Cutting Off the Other Spouse’s Credit
You cannot take any action to terminate or limit credit or charge cards in the other party’s name. Canceling your spouse’s credit card out of spite or strategy is a standing order violation.
No Messing With Utilities or Services
You cannot discontinue or reduce water, electricity, gas, telephone, cable, or other contractual services at the other party’s residence. You also cannot withdraw deposits connected to those services. Shutting off your spouse’s electricity to pressure them into moving out is not just a bad look. It’s contempt of court.
What You Cannot Do Involving the Kids
The child-related restrictions apply in both divorce cases and SAPCRs. They’re designed to keep the children’s lives stable while the court sorts out custody and possession.
No Removing Kids From Texas
You cannot remove the children from the State of Texas without the written agreement of both parents or a court order. This includes vacations, family trips, and relocations. If you had plans to take the kids to visit family out of state, you need written consent from the other parent or permission from the court first.
No Pulling Kids Out of School
You cannot disrupt or withdraw the children from their current school or daycare without written agreement from both parents or a court order. Transferring them to a new school closer to your new apartment isn’t an option once the standing order is in place.
No Hiding the Kids or Changing Their Residence
You cannot hide or secrete the children from the other parent, and you cannot change their current residence without written agreement or a court order.
No Badmouthing the Other Parent
You cannot make disparaging remarks about the other parent or their family members, including grandparents, aunts, uncles, and stepparents. This applies whether you’re talking directly to the children or within their hearing. Venting about your ex at the dinner table while the kids are sitting there is a violation.
No Discussing the Case Around the Kids
You cannot discuss any litigation related to the children or the other party with the children, or with any other person while the children are present. That means no phone calls to your sister about “what he did in court today” while your seven-year-old is in the back seat.
No Overnight Romantic Partners (in Original Divorce Actions)
If this is an original divorce action, you cannot allow anyone you’re romantically involved with to stay overnight in the home while you have possession of the children. “Overnight” is defined as 10:00 p.m. to 7:00 a.m. If you’re dating before the divorce is final, the standing order puts a hard boundary on what that looks like when the kids are with you.
What You Cannot Do to the Other Spouse
The conduct restrictions apply to both parties, their agents, servants, and employees. They cover communication and behavior during the case.
- No vulgar, profane, or offensive communication. You cannot use vulgar, profane, obscene, or indecent language, or a coarse or offensive manner, to communicate with the other party. That applies in person, by phone, and in writing, which includes texts and emails.
- No threats. You cannot threaten the other party, in person, by phone, or in writing, to take unlawful action against any person.
- No harassment by phone. You cannot place telephone calls at unreasonable hours, in an offensive or repetitious manner, without a legitimate purpose, or anonymously.
- No opening the other party’s mail. You cannot open or divert mail addressed to the other party. That includes electronic communications.
- No intercepting or recording communications. You cannot intercept or record the other party’s electronic communications. If your spouse is tracking your phone, that’s already a problem. If you’re the one doing the tracking, the standing order makes it a court order violation on top of everything else.
- No locking the other spouse out. You cannot exclude the other party from the use and enjoyment of their residence.
- No taking the other spouse’s vehicle. You cannot enter, operate, or exercise control over the motor vehicle in the other party’s possession.
Insurance, Benefits, and Records You Cannot Touch
The standing order locks down insurance policies, beneficiary designations, and family records during a divorce case.
You cannot withdraw or borrow against the cash surrender value of life insurance policies on either spouse. You cannot change or alter beneficiary designations on any life insurance policy covering either party or the children. And you cannot cancel, alter, or affect any casualty, automobile, or health insurance policies that insure the parties’ property or persons, including the children.
That last point catches people who cancel their spouse’s health insurance as a retaliatory move or to cut costs. The standing order treats that as a violation, and the court will too.
On records: you cannot conceal or destroy family records, property records, financial records, business records, or any records of income, debts, or obligations. You cannot falsify any writing or record related to either party’s property. “Records” includes email and other digital or electronic data, whether stored on a computer hard drive, disk, or other electronic device. If you’re thinking about deleting texts or digital records to clean up your trail, the standing order explicitly covers that.
What Happens If You Violate the Standing Order?
The standing order is a court order. Violating it carries real consequences, and the court doesn’t need to prove you acted maliciously. It only needs to show you did something the order said not to do.
Contempt of Court
The primary enforcement mechanism is contempt. Under Texas Family Code Chapter 157, a party can file a motion to enforce the standing order. If the court finds a willful violation, penalties include fines up to $500 per violation, up to six months in jail, or both. The court can also order community service or additional conditions to enforce future compliance.
Attorney Fee Awards
If your spouse has to hire their attorney to file an enforcement motion because you violated the standing order, the court can order you to pay their attorney fees and court costs. Enforcement litigation isn’t cheap, and the person who caused it often ends up paying for both sides.
Disproportionate Property Division
If your violation involved dissipating or hiding community assets, the court can factor that into the property division. Under Texas Family Code Section 7.009, the judge can reconstitute the estate and award a larger share to the other spouse to compensate for what you moved, hid, or destroyed.
Credibility Damage
A standing order violation tells the judge you either didn’t read the rules or didn’t care. Neither version helps your case. Once the court sees you ignored an automatic court order in the first week, every claim you make afterward gets scrutinized harder. In custody disputes especially, credibility is the whole game.
How the Standing Order Is Different From a TRO or Temporary Orders
People confuse these three things constantly, and they’re not the same.
A standing order is automatic. Nobody asks for it. Nobody argues about it. It applies to everyone in every Bexar County divorce and SAPCR the moment the petition is filed. It covers a broad set of default restrictions.
A temporary restraining order (TRO) is requested by one party and granted by the court for a specific reason. A TRO can do things a standing order can’t, like exclude a spouse from the marital home or restrict access to the children. But a TRO only lasts fourteen days by law, with one possible extension. After that, there has to be a hearing.
Temporary orders are issued by the court after a hearing where both sides present evidence. They can address possession schedules, child support, spousal support, exclusive use of the home, and specific financial arrangements. Temporary orders replace or modify the standing order’s defaults with terms built around your case. If you need protections beyond what the standing order provides, or if the standing order’s blanket restrictions don’t fit your situation, temporary orders are the tool. The post on why filing first matters for temporary orders explains how timing plays into this.
What the Standing Order Does Allow
The Bexar County Standing Order isn’t a total financial freeze. It specifically authorizes both parties to do the following:
- Conduct usual business. Acts reasonable and necessary to run your normal business or occupation are permitted.
- Pay for legal representation. You can spend money and incur debt for reasonable attorney fees and expenses related to the divorce.
- Cover basic living expenses. Reasonable and necessary expenditures for food, clothing, shelter, transportation, and medical care are authorized.
- Make authorized withdrawals. Withdrawals from financial accounts are permitted, but only for the purposes the order authorizes (living expenses, legal fees, business operations).
The key word in every exception is “reasonable.” Withdrawing $500 for groceries and gas is reasonable. Withdrawing $15,000 and calling it “living expenses” will get questioned. If you’re not sure where the line falls, talk to your attorney before you spend.
FAQs About the Bexar County Standing Order in Divorce
Does the standing order apply if my divorce is uncontested?
Yes. The standing order applies to every divorce filed in Bexar County, whether contested or uncontested. Even if both sides agree on everything, the order is in effect from filing until the judge signs the final decree.
Can I take my kids on vacation out of state during the divorce?
Not without the other parent’s written agreement or a court order. The standing order prohibits removing the children from Texas without consent. Plan ahead and get that agreement in writing before you book anything.
What if I already violated the standing order before I knew about it?
Tell your attorney immediately. Voluntary correction and transparency go a long way with the court. If you return misused funds, restore canceled insurance, or undo whatever action you took, the court is far more likely to view it as a mistake than as willful contempt. Waiting until the other side catches it makes everything worse.
Can I change the locks on the house?
The standing order prohibits excluding the other party from their residence. Changing the locks without a court order or a protective order in place would likely be treated as a violation. If you have safety concerns, talk to your attorney about a TRO or a protective order instead.
Does the standing order cover cryptocurrency?
The order prohibits transferring, selling, or reducing the value of property belonging to either party, and it prohibits destroying or concealing financial records. Crypto holdings are property, and blockchain transactions are records. Moving crypto to a hidden wallet or converting it to cash would fall within the order’s restrictions.
Can my spouse and I agree to ignore parts of the standing order?
Not on your own. The standing order is a court order, not a private agreement between spouses. If both parties agree that a specific restriction doesn’t make sense for your situation, your attorneys can file a motion asking the court to modify that provision. But until the court changes it, the order stands as written.
What if I need to access more money than “reasonable living expenses” covers?
File a motion with the court or work through your attorney to get authorization. The standing order allows withdrawals for authorized purposes, and the court can grant specific exceptions. What you cannot do is decide on your own that you need $10,000 and take it. Get permission first.
The Standing Order Is Already in Place. Make Sure You’re Not Already Breaking It.
If you’ve filed for divorce in Bexar County, or if you’ve been served with divorce papers, the standing order is already controlling what you can and can’t do. Most people don’t read it carefully enough, and some don’t read it at all. That’s how violations happen in the first week, before anyone even gets to a courtroom.
Brandi Wolfe Law represents families across San Antonio and Bexar County in divorce, custody, and every stage of the process, from filing strategy to enforcement when the other side ignores the rules.
Call (210) 571-0400 or schedule a free consultation to talk through what the standing order means for your specific situation. Know the rules before you break one by accident.
This article is general information, not legal advice for your specific case. If you have questions about the Bexar County Standing Order or your obligations during a pending divorce, talk to a Bexar County family law attorney before taking action.