Travis County's Standing Order regarding Children, Property and Conduct of the Parties

The Travis County District Courts have issued a "Standing Order" that applies automatically in all cases involving Divorce, Child Custody or Child Support, without the need for hearing, as soon as the case is filed. (See our "Links" section.) Among other items, the Standing Order prevents the parties from doing any of the following without seeking leave of Court:

• removing any children involved in the case from the State of Texas (directly or in concert with other persons);


• hiding the child from the other parent;


• changing the child's residence;


• withdrawing the child from school or day-care;


• threatening or harassing the other party;


• harassing the other party;


• incurring indebtedness;


• destroying, removing, concealing, selling, transferring, mortgaging, encumbering, or otherwise taking any action which would harm or reduce the value of either party's separate property or the parties' community property;


• making withdrawals from any checking or savings accounts for ANY purpose other than payment of reasonable living expenses for food, clothing, shelter, transportation, medical care and reasonable attorneys' fees;


• concealing or destroying personal and business records; and


• canceling or altering insurance policies.

Similar standing orders have been entered by several district courts throughout the State of Texas. As a result, it is always a good idea to check with your lawyer, or to consult the court's local rules, to see what orders may be in place before taking any action related to your children, assets, ar debts while your divorce, custody or support case is pending.

FAQ regarding Divorce # 17: How do we divide any retirement accounts?

Retirement accounts, not unlike mutual funds and some stock accounts, are assets acquired over the course of many years. In dividing these assets during a Divorce, you must first determine the character of the retirement account – in other words, whether it is Community Property or Separate Property (or, perhaps, both – as explained below).

First, purchases or contributions that occurred prior to the marriage would be Separate Property. Next, purchases or contributions that occurred after marriage would be considered Community Property. (Actually, it is a little more complicated than this, when you add in the earnings, losses, dividends and stock splits that occur in most retirement accounts, but the essential point is that such assets have a dual character.) Often, lawyers will hire financial experts to provide an opinion as to how much is owned by one spouse as separate property versus how much is jointly owned as community property, and therefore subject to division with the other spouse.

Also, retirement accounts (like 401k’s) are not usually divided under the Divorce Decree like other assets. This is true because there is often an administrator that is responsible for managing the retirement account. Under federal law, which Texas judges must follow, the Court will not be able to simply order the administrator to liquidate the account and pay it in cash to the respective spouses. Instead, federal law allows the state Court to issue a Qualified Domestic Relations Order (also simply known as a “QDRO” – pronounced for short “Quad Row”). The QDRO will set out how the account is to be divided. Ordinarily, the retirement account administrator will create another account in the amount (usually designated in either a total dollar amount or a percentage of the account as of a date certain) to be paid to the other spouse as specified in the QDRO. When the QDRO divides the account into two accounts, both spouses will be subject to the rules governing the retirement account (sometimes called the retirement “Plan”). Depending upon the Plan, disbursements for particular reasons may be allowed or loans may be allowed. You will need to check with the retirement account administrator to find out the rules relating to the Plan.

FAQ regarding Divorce # 10: What exactly is a Divorce Decree?

We usually ask you to consider the Divorce Decree in terms of being a “Rule Book” for all of the various things that could or might happen after the Divorce is granted. The actual granting of the Divorce is nothing more than the Judge declaring that the marriage is dissolved for either “grounds” or on the “no fault” ground of insupportablility. Insupportability just means that there are so-called “irreconcilable differences” -- referred to in Texas as a “discord or conflict of personalities that destroys the legitimate ends of the marriage relationship,” provided further that “there is no reasonable expectation of reconciliation.”

The rest of the Decree (as well as other pleadings referred to as Temporary Orders or Final Orders) provides guidelines and rules for dealing with any children (such as custody or “conservatorship,” the powers of conservatorship, visitation, child support, medical support, and health insurance coverage), property (such as assets and debts), and various other issues such as any change of name, taxes, and similar matters.

FAQ regarding Divorce # 9: When does my Divorce become final?

Although this might seem like a simple question, the answer is more complex. Ordinarily, the Divorce case becomes final when the “plenary power” of the Texas court has expired. This ordinarily occurs thirty days from the date that the Divorce Decree (sometimes called the “Judgment”) is signed by the Judge. If, however, some type of Motion is filed after the Decree is signed, such as a Motion for New Trial or similar pleading, then the time periods are extended to allow for the possibility of an appeal from the Decree.

Although there are other situations where the Decree can be changed, clarified, or appealed, these situations are not normal and can be very difficult to bring about a substantive (or meaningful) change in the Decree. Also, when a “material and substantial” change in circumstances occurs, a party may ask that the Court modify the Divorce Decree or a prior order in the case.

FAQ regarding Divorce # 7: Can I move after the Divorce case is filed?

Ordinarily, yes. As long as you were a resident of Texas for at least six months and of the County where you filed for ninety days before filing the Divorce petition, then you can move after the petition is filed. However, you should be aware that many Courts have “local rules” requiring notice and possibly agreement from the other spouse (or an order from the Court) before you can move out of the County where the Divorce petition was filed, particularly when children are involved. You should also check to see if a Temporary Restraining Order, Temporary Injunction, or some geographical restriction is in place before you leave.

It is generally a good idea to wait to move until after the case is finalized, and we strongly suggest at least waiting until service of process is obtained to be sure that the case does not have to be dismissed. However, if relocation is absolutely necessary prior to the time the Divorce becomes “final,” there are procedures that allow you to legally do so.