Temporary Orders in Texas Divorce: Why Filing First Can Matter
Clients ask me this all the time:
“Does it matter who files first?”
If your divorce is going to be simple and uncontested, the answer’s no – it really doesn’t. But if there’s even a chance you’ll end up in court, or things are going to get messy, then yes – filing first can make a real difference, especially when temporary orders are involved.
Let’s break down when it matters, when it doesn’t, and how to know if filing first is the smart move in your case.
When Filing First Doesn’t Really Matter
If your divorce is uncontested – meaning you and your spouse already agree on everything – then who files first doesn’t really matter.
This is common in gray divorces, mutual splits, or situations where both people are done, and no one’s throwing accusations. You’re not expecting court, you’re just trying to get everything filed and finalized.
Filing first won’t make a difference when:
- You’ve already agreed on custody and visitation
- You’ve sorted out how to divide property and debt
- No one’s hiding money or refusing to cooperate
- You’re not expecting a hearing or fight over anything
In those cases, it’s just paperwork. No advantage to going first – you just want clean documents and a smooth process.
When Filing First Does Matter: Contested Divorce Strategy
If you think your divorce might get messy – over custody, money, or who stays in the house – then yes, it can absolutely matter who files first.
Here’s why: the person who files first becomes the petitioner. That’s the one who kicks things off. In a contested case, especially when temporary orders are involved, the petitioner usually gets to speak first at the hearing.
That means:
- You present your side of the story before the other side
- You ask the judge for what you want – custody, support, use of property – before your spouse says a word
- You set the tone for the entire case
That matters a lot when you’re dealing with early decisions that could stick for months.
Filing first can help when:
- You’re trying to protect time with your kids
- You need temporary child or spousal support
- You want to stay in the house or keep using a car
- You expect resistance or delay from your spouse
You’re not guaranteed to win just because you go first – but you are controlling the opening argument. And in court, that’s never nothing.
Temporary Orders in Texas Divorce Cases
Temporary orders are exactly what they sound like – court orders that lay out the rules while your divorce is pending. They’re not permanent, but they can feel like it. In some cases, they stay in place for months and end up shaping your final agreement.
Here’s what temporary orders can include:
- Who has custody of the kids and when
- How much child support is paid and by whom
- Who stays in the house
- Who pays the bills, car notes, or insurance
- Temporary spousal support (in some cases)
- Who pays attorney’s fees (rare, but possible)
These orders create a legal “status quo” that judges don’t always like to mess with later – especially if things are working.
At the hearing, both sides present evidence. But like we said before, the petitioner usually goes first. That first impression can carry a lot of weight, especially in cases where custody or support is contested.
If you think you’re headed for a fight over kids, money, or property – temporary orders are going to matter. A lot.
How to Know If Filing First Is Worth It
Filing first isn’t always necessary. In fact, in most uncontested cases, it doesn’t matter at all. But if you even suspect things might get contested, it’s worth having a real strategy – and that starts with knowing what you’re walking into.
Ask yourself:
- Are we 100% agreed on custody and support?
- Is there tension around who stays in the house or controls the finances?
- Do I need a judge to make decisions early in the process?
- Am I worried my spouse might drag things out or surprise me?
If you’re unsure – don’t guess. Talk to an attorney. One consult can tell you whether it makes sense to file first, whether temporary orders are likely, and how to protect your position if a court fight is coming.
You don’t always need to go first. But if it’s going to matter – you want to know before your spouse beats you to it.
FAQs about Filing First and Temporary Orders in Texas Divorce
Do I lose rights if my spouse files first?
No. Whether you file first or respond later, your legal rights stay the same. Filing first just gives the other person a head start on setting the tone, but it doesn’t change what the law says you’re entitled to.
Can I file for temporary orders even if I didn’t file the divorce?
Yes. Either spouse can request temporary orders. But if your ex filed first and requested temporary orders in their petition, they’re already on the court’s calendar – which means you’ll be responding, not leading.
Is filing first more expensive?
Not by itself. The cost depends on how contested things are, how much paperwork is needed, and how fast the other side cooperates. Filing first might involve more upfront legal prep, but in some cases, it can actually save money by controlling the process early.
How long do temporary orders last?
Temporary orders stay in place until your final divorce is granted – which could take several months. In Bexar County, that depends on how busy the court is and whether your case moves quickly or drags out.
How fast can I get a temporary orders hearing in Bexar County?
It varies. If your case is urgent, your attorney can file a motion and request a date quickly. In most standard cases, you’re looking at 2–4 weeks from filing to hearing, depending on the judge’s schedule and courtroom availability.
What if we agree on everything – should I still file first?
If it’s truly uncontested, it usually doesn’t matter. But if you want more control over timing, or you’re worried things might get contested later, filing first lets you drive the process before it takes a turn.
Need Help with an Uncontested or Contested Divorce in Bexar County?
Whether your case is simple or headed for court, it’s worth knowing if filing first could make a difference. Temporary orders, custody issues, and financial concerns all come into play – and the earlier you have a plan, the better off you’ll be.
If you’re in Bexar County or the surrounding area and need help sorting out your next move, let’s talk.
Call Brandi Wolfe at (210) 571-0400 to schedule a consultation, or reach out online to get started. We’ll help you figure out where your case stands and how to move forward with clarity.