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You file for divorce, and suddenly a court order lands in your hands telling you what you can and can’t do. It might feel like a surprise, but it’s called a standing order—and it’s not optional. This rule kicks in the moment a divorce case begins, shaping how you handle money, property, and your children until everything gets settled. If you’ve asked yourself, What Are Standing Orders, this guide breaks it down in plain language so you know exactly how it affects your everyday life.
What Is a Standing Order?
A standing order is a rule issued automatically by the court when someone files for divorce. You don’t have to request it, and you can’t ignore it. The court uses standing orders to protect both spouses, preserve property, and make sure the process stays fair and stable while the case moves forward.
In Texas, for example, counties like Travis, Williamson, and Bexar often include standing orders in all divorce cases. These orders apply to both spouses immediately and stay active until the divorce becomes final, or a judge replaces them with new terms.
The Main Purpose of Standing Orders
Standing orders serve as guardrails. Their goal is to keep both parties from making sudden moves that could harm the other spouse or affect the outcome of the case. Think of them as court rules that stop people from draining bank accounts, selling property, or taking the kids out of state without permission.
They exist to:
- Maintain the status quo
- Prevent bad behavior
- Protect property
- Keep kids safe and stable
Common Terms in Standing Orders
Although the exact language can vary between counties, most standing orders include similar restrictions. These restrictions affect several parts of your life, including finances, parenting, and personal conduct.
1. Financial Restrictions
The court doesn’t want either spouse making big changes to finances during divorce. Most standing orders will tell both parties not to:
- Close joint accounts
- Take large sums of money out of accounts
- Change beneficiaries on insurance or retirement plans
- Sell, give away, or destroy property
If you need to spend money on normal bills, groceries, or legal fees, that’s usually allowed. But anything beyond routine expenses could violate the order and lead to consequences.
2. Child-Related Rules
Parents must continue parenting under the law and avoid doing anything that disrupts their children’s lives. A typical standing order prohibits either spouse from:
- Removing children from school or daycare without the other parent’s consent
- Moving children outside the court’s jurisdiction
- Making big decisions without agreement or court approval
Courts want to keep children safe and give both parents continued access while the case is pending.
3. Behavioral Guidelines
In some cases, standing orders include behavior clauses that help keep things civil. These may include:
- No threats or harassment
- No damaging the other spouse’s credit
- No intercepting mail or communication
The court may also prohibit spying or installing surveillance tools like tracking devices or spyware.
What Happens If You Break a Standing Order?
Standing orders are not suggestions. Courts treat violations seriously. If you break a term of the order, your spouse can file a motion for enforcement or contempt. You might have to appear before a judge to explain yourself, and penalties can include:
- Fines
- Paying your spouse’s attorney fees
- Even jail time in extreme cases
Violating a standing order also damages your credibility in court. Judges may view you as reckless or dishonest, which could influence custody decisions or division of property.
Can You Challenge a Standing Order?
Yes, but only through the proper legal process. If a standing order creates a problem for you or feels unfair, talk to your attorney about filing a motion to modify the order. You can’t ignore or break it just because it’s inconvenient.
For example, if you need to sell a car to cover legal fees, your attorney can request permission from the court. If the judge approves, that part of the standing order will be lifted or adjusted.
How Standing Orders Affect Daily Life
A standing order might seem like just another document in your divorce packet, but it can impact your day-to-day choices in many ways.
1. You Have to Think Twice Before You Act
Even basic tasks like transferring money between accounts or planning a weekend trip with the kids might need more thought. You’ll need to consider how every action fits under the standing order.
2. You’ll Need to Communicate More Carefully
Some standing orders block certain types of communication or behavior, especially if things between you and your spouse have become hostile. You may need to communicate only through attorneys or use apps designed for co-parenting to avoid misunderstandings.
3. Your Access to Property and Money May Change
If the standing order restricts spending or property use, you may have to wait longer to sell or access certain items. That can add stress, especially if you’re already dealing with legal fees and moving costs.
4. Parenting Plans Might Feel Limited
If the order limits travel or requires both parents to agree on major decisions, spontaneous plans with your kids may not be possible. That doesn’t mean you lose your rights—it just means the court wants a stable environment for your children while the divorce moves forward.
Do All Counties Use Standing Orders?
No, not all Texas counties use standing orders automatically. Some counties like Harris County may not attach one unless requested. Others, like Travis and Williamson, include one with every new case. If you’re unsure, check the paperwork you received or ask your attorney what applies in your county.
Even if your county doesn’t issue a standing order by default, a judge can still create one specific to your case if needed.
Tips for Following a Standing Order
You don’t need to feel trapped or confused while following a standing order. These steps can help you stay on the right path:
- Read the entire document carefully as soon as you receive it
- Ask your attorney about anything you don’t understand
- Document your expenses and actions
- Avoid big financial decisions unless you’ve discussed them with your lawyer
- Keep communication respectful and child-focused
- Don’t withhold or hide information
Why This Matters
Standing orders may not seem like a big deal at first, but they help set the tone for your divorce case. Judges take them seriously, and so should you. These orders protect your rights just as much as your spouse’s. Following the rules can also help you appear cooperative and responsible, which can work in your favor during hearings and settlement talks.
Conclusion
Standing orders are a powerful tool used by family courts during divorce cases to keep things fair and stable. They affect your money, property, communication, and parenting decisions from the moment your case begins. Following them helps avoid conflict and penalties while keeping your life—and your children’s lives—as steady as possible during a difficult time.
If you’re unsure how a standing order affects your situation or need to make changes, talk to your attorney before taking action. Respecting the order now can help you protect your future later.
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FAQs on Legal Standing
Having standing in law means that an individual or party has the legal right to bring a lawsuit or participate in a legal proceeding because they have a sufficient stake or interest in the matter.
No standing in law refers to a situation where an individual or party does not have the legal right to bring a lawsuit or participate in a legal proceeding due to a lack of sufficient stake or interest in the matter.
Standing in government refers to the authority or position held by an individual or entity to bring a legal action or challenge a governmental action based on their specific legal rights or interests.
The doctrine of standing is a legal principle that determines whether an individual or party has the right to initiate a legal action or challenge in a court of law based on their specific legal rights and interests.
An example of standing in court would be a person who files a lawsuit challenging the constitutionality of a law that directly affects their rights or interests. They have standing because they are directly affected by the law and have a legal right to challenge its validity.
The four requirements of standing are: (1) the plaintiff must have suffered an injury or harm; (2) the injury must be traceable to the defendant’s actions; (3) a favorable court decision must be likely to redress the injury; and (4) the plaintiff’s interests must be within the zone of interests protected by the law or statute at issue.
Standing is important in court because it ensures that only individuals or parties with a direct and tangible interest in a legal dispute can bring a lawsuit or participate in a legal proceeding. This helps maintain the integrity of the judicial system and prevents frivolous or unnecessary litigation.
The elements of legal standing typically include: (1) an injury or harm that is concrete and particularized; (2) a causal connection between the injury and the defendant’s actions; and (3) the likelihood that a favorable court decision will provide a remedy or redress for the injury.
Yes, standing is considered a legal right because it enables individuals or parties to assert their legal interests and seek judicial remedies for actual or potential harm or injury they have suffered.
