Reviewed August 2026
Court Hearings in Texas
In a Texas divorce, either spouse can ask the district court for relief while the case is pending. Texas calls this a temporary orders hearing. Texas Family Code Chapter 6 governs suits for dissolution of marriage. It covers the temporary restraining orders and temporary injunctions a court can issue to keep things stable while the case moves forward. Many Texas divorce petitions ask for a temporary restraining order at filing. In limited circumstances, a court can grant this without notice to the other spouse. A temporary orders hearing follows, where both sides appear and the court sets more lasting interim rules for support, custody, and property use. When children are involved, Texas Family Code Chapter 105 governs temporary orders in a suit affecting the parent-child relationship. It gives the court authority to set temporary conservatorship, possession, and support terms while the case is pending.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how court hearings works under Texas law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Texas paperwork. See how Virdix works for California divorces.
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Temporary restraining orders at filing
Texas Family Code Chapter 6 lets a spouse filing for divorce request a temporary restraining order with the initial petition. This order can stop either spouse from disposing of property, hiding assets, or taking children out of the state. In some cases, a court can grant it without advance notice to the other spouse. It applies only for a limited period, so a temporary restraining order is usually followed by a scheduled temporary orders hearing where both spouses can be heard.
The temporary orders hearing
At a temporary orders hearing, both spouses can present evidence and argument on the interim rules that should apply while the case is pending. These rules cover temporary spousal support, use of the marital home, and payment of bills and debts during the case. The court's ruling sets the framework the parties follow until the case settles or goes to trial. A judge can modify it later if circumstances change significantly.
Temporary orders involving children
When a divorce case involves children, Texas Family Code Chapter 105 governs the temporary orders a court can make in a suit affecting the parent-child relationship. This includes temporary conservatorship, meaning which parent holds custody-related rights and duties during the case. It also covers a temporary possession schedule and temporary child support. Courts often address these issues at the same hearing as the spousal and property matters. A court can also handle them separately, depending on how the case is postured.
Where cases are heard
Texas divorce cases are filed and heard in district court. Many of the state's larger counties have courts that specialize in family law, sometimes called family district courts. Smaller counties hear divorce cases within the general district court docket instead. Each county sets its own local rules for scheduling temporary orders hearings and other family law motions.
What to expect and remote appearances
A temporary orders hearing can range from a short, largely uncontested proceeding to a more extensive evidentiary hearing. That depends on whether spouses disagree on support, custody, or property issues. Whether remote or video appearances are available depends on the specific county and court. Texas has no single statewide policy covering every family law hearing. Call the court coordinator or check the notice of hearing to confirm the format for a scheduled hearing.
Sources: Texas Family Code, Chapter 6, Suit for Dissolution of Marriage, Texas Judicial Branch, statewide courts site
Not independently confirmed
- The full text of Texas Family Code Section 6.502 (temporary restraining order and temporary injunction) and Chapter 105 (temporary orders in a suit affecting the parent-child relationship) was confirmed to exist within the cited chapters, but the complete current statutory text was not independently re-extracted in full this session, since statutes.capitol.texas.gov renders section text through a JavaScript application that automated fetch tools could not read past the homepage shell; confirm current wording at statutes.capitol.texas.gov before publishing.
- County-by-county scheduling practices, whether a given county has a dedicated family district court, and remote hearing availability were not verified county by county for this page.
Court Hearings in Texas: frequently asked questions
What is a temporary orders hearing in a Texas divorce?+
It is a hearing where the court sets interim rules, such as temporary support, custody, and use of property, that apply while the divorce case is pending. It often follows an initial temporary restraining order requested when the petition is filed.
Can a Texas court issue a temporary restraining order without notifying my spouse?+
In limited circumstances, yes. A court can grant a temporary restraining order requested with the initial divorce petition without advance notice to the other spouse. It applies only for a limited period, though, and a temporary orders hearing generally follows, where both sides can be heard.
Does a Texas temporary orders hearing cover child custody?+
Yes, when children are involved. Texas Family Code Chapter 105 governs temporary orders in a suit affecting the parent-child relationship. It covers temporary conservatorship, a possession schedule, and temporary child support. Courts often address these at the same hearing as spousal and property issues.
Which court hears divorce cases in Texas?+
District court. Many of Texas's larger counties have family district courts that specialize in family law, while smaller counties hear divorce cases within the general district court docket. Each county sets its own local scheduling rules.
Can I appear remotely at a Texas divorce hearing?+
It depends on the county and court. Texas has no single statewide policy covering every family law hearing. Confirm the format for a scheduled hearing with the court coordinator or through the notice of hearing.
Is a temporary order the same as the final divorce decree in Texas?+
No. Temporary orders set the rules only while the case is pending, and a judge can modify them if circumstances change. The final decree, entered later, sets the permanent terms for custody, support, and property division.
This page is general information about court hearings in Texas, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Texas's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Texas. Virdix does not prepare or file Texas divorce paperwork. It is not a substitute for an attorney licensed in Texas.
More Texas divorce guides
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