Temporary hearings are a way for the court to order custody and support before the divorce is final. The provisions and terms of the temporary hearing may change in the permanent hearing, also called the final hearing or trial.
The Need for Temporary Hearings
Divorce is not easy and always some time elapses between the filing of the divorce papers and granting of the divorce. In this interim period, there may be several issues that need to be settled. If the parties are unable to come to consensus on such issues out of court, either spouse may petition a temporary hearing so that the court can intervene and settle the matter.
Issues that are considered at Temporary Hearings
Temporary hearings can settle issues of child support and custody, temporary spousal support, issues related to usage of marital home and /or properties acquired during marriage, amongst others.
For instance, if a spouse wants the other to pay child support until the divorce is finalized, he/she can file a motion for temporary hearing. With relation to child custody, a temporary hearing aims to set a schedule for the children while the trial is pending. This custody plan may or may not be changed in the final hearing, depending on the best interest of the child.
Features of a Temporary Hearing
A temporary hearing is very short, with each side typically having only 30 minutes to an hour to present their points. It is recommended that affidavits of other witnesses are presented rather than calling them in person, given the shortness of time.
The temporary order is legally binding and violation of any of the terms can attract contempt of court charges resulting in arrest or fine, depending on the discretion of the judge.
At McIlveen Family Law Firm, we will help you file for temporary hearings to settle any issues that remain unresolved. We will always do our best to present your best case and get you the best verdict possible.