Definition: Temporary Divorce Hearing

I meet with people who have recently been served with divorce papers.  Many times, included in this paperwork is a Motion and Notice of Temporary Hearing.  This causes many questions because the Motion seems to ask for the same relief that is requested in the Complaint.  So what is a temporary hearing?

A temporary hearing is an opportunity at the beginning of a divorce or child custody matter where you can ask the court to grant you some specific relief before the final hearing.  That means when you file for divorce you don’t have to wait the entire nine months or a year to get to the final hearing when you need to get alimony or child support started or a custody order so you can enroll your child in school.

In most counties, your temporary hearing will be held about 3-4 weeks from the time your request the hearing and generally lasts 15-30 minutes.  At this hearing you will generally not testify, but your case will be presented through your lawyer’s arguments and through affidavits submitted by you to the Court.  After that brief time, the Court will make a decision that will remain in effect throughout your case.

Comments

  1. what’s the purpose of this website when they don’t give you enough information to go on.

    • Hi Zelma,

      I want to thank you for coming by and checking out my blog at UpstateFamilyLawBlog.com and for leaving a comment. The posts at the blog are meant to provide answers to frequent questions I hear from clients and prospective clients during my representation of them or during initial consultations. They are not intended as step-by-step guides to resolve all family court issues due to the many factors that can come up during a case where the experience of legal counsel is necessary.

      Thanks again for your comment!

      Tripp

  2. Elizabeth says:

    Thank you, Tripp, for your very clear and helpful postings. One thing I can’t figure out is what happens after the temporary hearing? How does the temporary order turn into a final order? Who is responsible for making the case keep moving forward to the final order?

    Thank you!
    Elizabeth

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