Is there an Advantage to Winning at the Temporary Hearing?

Not too long ago I wrote about what the Temporary Hearing in a South Carolina divorce or family court case and what happens after a Temporary Hearing but we did not talk about whether you have a specific advantage if you win at a temporary hearing.

A temporary hearing can be very powerful.  It can give you a swing of momentum that may allow you to control some of the negotiation in your case.  However, a temporary hearing is not prejudicial on the trial judge who hears your case if you and your spouse are not able to work out an agreement and a trial is necessary.  Sometimes it is very helpful that the temporary order is “temporary.”  Other times the temporary order is very helpful and we would like for that to just continue on forever.

Since it is always better to start off strong, I take a lot of time with my clients to prepare an organized and well-thought-out plan for the temporary hearing.  Because of the format of the temporary hearing and the fact that there is little argument and no testimony our planning, organization and drafting of the affidavits are extremely important to the outcome of the hearing.  The client also a plays an important role in preparing for the temporary hearing.  Your lawyer needs to know what the other party is going to say about you.  If you know of anything “bad” that is going to be used against you, you should have a conversation with your lawyer beforehand so he/she isn’t surprised in court.

Comments

  1. All your information sounds as if you are addressing a woman. My brothers wife walked out on him,no small children but he’s on disability and with only a third of the income they had together is trying to keep house payments made.could he ask for alimony,support and maintenance even though he’s the husband,thank you

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