Temporary hearings are an important part of the divorce process. Not every divorce requires a temporary hearing. But if there are big issues that need to be decided quickly, like possession of the marital home or custody and visitation of the kids, you have the right to ask for a temporary hearing. The judge will issue a Temporary Order that will be in place during the divorce process.
Each judge handles temporary hearings differently. Some judges only allow the parties to testify. Others only give you a certain amount of time, as little as 20 minutes per side. Still other judges allow you to call whomever you want and to take as long as you please.
Sometimes parties will ask for a temporary hearing as soon as they file for divorce, and then serve the other party with the Complaint for Divorce and notice of the hearing. They are allowed to do this, and you must attend the hearing. I do this in cases where my client needs to get before the judge as soon as possible, such as if they have been booted out of the home or their spouse is not allowing them to see the kids.
A Temporary Order often has some effect on the final divorce settlement. If you’ve been served with a notice of temporary hearing, or you need to get your issues before a judge as soon as possible, having an experienced attorney by your side, who knows her judges, is invaluable.
Contact me for a free consultation.