What Happens After my Temporary Hearing?

A temporary hearing in a divorce case can set the tone for the rest of the matter.  It is probably good to note right here that the decision made by a judge at a temporary hearing is temporary in nature (hence the name) and it carries no weight as far as what the trial judge may or may not rule on.  Therefore, if you are ruled against at the temporary hearing it isn’t the end of the world.  However, when a judge rules for or against a person at a temporary hearing it seems to give each party some false sense of power or weakness in the case.

After your temporary hearing a temporary order will be prepared and signed by the judge and that sets the standard of conduct for the remainder of the litigation.  Generally, in this period between the temporary hearing and the final hearing the parties will engage in discovery, potentially take depositions of key witnesses, mediate the case, and attempt to reach a negotiated settlement.  If there are minor children involved, a guardian ad litem will be appointed who will perform an investigation into the issues surrounding the minor children.

This process can take several months.  Often, depending on the complexity of the case, it can last over a year.  The final phase before the final hearing is the trial preparation phase where you and your lawyer will be preparing for trial by meeting with witnesses, preparing any necessary witness subpoenas, creating trial exhibits, etc.  All of this leads up to the final hearing in your case.

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