What Is a Temporary Restraining Order in Texas Divorce?

 Posted on March 28, 2024 in High Asset Divorce

Property and asset division in a divorce is often highly contested, especially if both spouses have high assets or a divorce is particularly contentious. A temporary restraining order (TRO) in a Texas divorce can sometimes be used to ensure that your spouse is prevented from committing fraud with finances or draining accounts and selling assets to avoid splitting property and assets as part of the divorce agreement.

A knowledgeable Texas divorce lawyer can help you obtain a TRO and navigate the asset division process in your divorce.

Understanding a Temporary Restraining Order in Divorce

In Texas, assets and property that are acquired during a marriage are considered community property. These assets are divided fairly between each spouse during a divorce. However, if assets are valuable and contended or one spouse does not wish to split their finances and assets equally with the other, they may attempt to dissipate their assets through selling property, spending or gifting large amounts of money to others, or moving and transferring assets without their spouse’s knowledge.

A temporary restraining order in your Texas divorce aims to prevent this dissipation of assets and prevents one spouse from committing fraud or hiding assets during divorce proceedings. A TRO may stop your spouse from doing any of the following:

• Selling or transferring assets, or otherwise attempting to get rid of assets

• Hiding or destroying assets

• Obtaining a large amount of debt

• Changing beneficiaries on insurance policies and retirement accounts

• Removing individuals from health and life insurance policies, or canceling insurance policies

• Changing bank accounts

In the case of divorces with shared children, spouses may also be stopped from taking children out of the Texas county or state they reside in by a TRO.

How Do I Get a TRO In My Divorce?

While some counties may automatically issue temporary restraining orders that apply to your assets in a divorce, others will not. To make sure you obtain a TRO in your divorce, you will need to work with a skilled divorce attorney to ensure that all documents requesting a divorce are filed properly and that a TRO is requested. Once you have received a temporary restraining order, you can continue divorce proceedings and ensure that all assets and property shared between you and your spouse are fairly divided.

Contact a Travis County, TX Divorce Attorney

Divorces can be complex, and you may need to ensure a temporary restraining order is issued to stop your spouse from spending your assets or destroying assets before they can be divided. An experienced Austin, TX divorce lawyer at Powers and Kerr, PLLC can aggressively advocate for your rights as you navigate the divorce and TRO request process. Attorney James Kerr has experience in contentious divorce cases and has a background in both psychology and education that makes him uniquely suited to handling Texas divorce cases.

Call 512-610-6199 for a consultation.