What is a Divorce Temporary Hearing

In many divorce cases in South Carolina the first hearing that you will participate in will be the Temporary Hearing.  It is called a temporary hearing because you are requesting that the court provide you with some “temporary” relief.  “Temporary” means that you this court order will govern your case from the time of the temporary hearing until a final hearing or later order in your case.

When you go to the temporary hearing you should know that there is generally no testimony taken at the hearing.  So you will not be called to go up to the witness stand and testify about the reason for your divorce or why you need the relief you are requesting.  When you go to your temporary divorce hearing you should prepare affidavits from you and your close friends and family that are relevant to the issues in your case.  So that may mean that your affidavits need to discuss why you are a better parent or why you should receive custody, child support, alimony, attorney fees, etc.  You will also include a financial declaration with your affidavits.  You should also note that the different courts and different counties have different rules regarding the number of pages they allow at their temporary hearings.  Greenville County caps the number of pages you can have to 8 (not including your financial declaration and attorney fee affidavit).

Any questions about the temporary hearing or other procedural issues in your South Carolina divorce case?

Comments

  1. If you are under a temporary order in a divorce case, is that the same as having a separate maintenance in place if it outlines who pays what? What would your filing status be on your taxes? Are you “legally separated’ for federal tax purposes even though the state of SC doesn’t have a legal marital status of “legally separated?”

    • Hi Lori,

      Thanks for your question. Your temporary order is not the same as an order of separate maintenance. The main reason why is that it is not a final order and if the case becomes stale the entire case could be dismissed along with any relief awarded by the temporary order. With a temporary order and even if you have a final order of separate maintenance, you are still considered married by South Carolina law so you would have the option of filing married filing jointly or married filing separately, but you should consult with a CPA for the best filing status for your personal situation.

      As always, this site is meant to provide general legal information and not specific legal advice or information for your particular situation. Before relying on any material from this site, you should consult a competent attorney to discuss the specifics of your case.

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