Asked over 1 year ago - Savannah, GAFlag
My friend and her husband had a contentious divorce that included a temporary hearing. Is this something I should ask for?
The purpose of temporary hearings is to address temporary issues. This includes things like temporary child support, temporary custody and visitation arrangements, temporary spous support, who will stay in the marital residence or who will have to pay what bills. In some cases, even though one party is staying in the marital residence, the other party is required to pay the mortgage and other bills. This usually happens in Mom is. Stay at home Mom and she and the kids are staying in the marital residence with Dad paying the bills because is the only income earner in the family.
If the parties cannot agree on how to handle the temporary issues, a hearing may be necessary. You may need to conduct discovery prior to the hearing to get more information and consulting an Atlanta Divorce Attorney will be helpful.
You ask two questions. The first, yes, it is standard BUT many times the parties agree to skip the temporary hearing. The answer to the second question is IMPOSSIBLE to answer with the limited information provided. What is missing from your post is whether or not your friend has an attorney. If she does, you are asking us to 2nd guess that attorney which is a horrible position to try and put us in; if she does not, that is really the problem, then, as she NEEDS an attorney, if she wants a truly useful response, that's the person to look to for answers.
short answer ; YES in most contested cases . if you have issues that cannot wait for final hearing because you and your spouse are not working together in a civil and mutually satisfactory manner such as child support / alimony / payment of debts/ payment of utilities / rent / mortgage / CUSTODY of children / who drives what car/ who lives in marriage residence and who moves out ,,,/ , etc . . . . .
The purpose of a temporary hearing is to address issues such as temporary support, use of a family home, and child custody while a case is pending. Most cases are scheduled for a temporary hearing, but frequently the parties and their attorneys are able to enter into what is known as a "consent temporary order" to settle those issues on a temporary basis, without a court actually hearing evidence. The benefit of scheduling a temporary hearing is that it forces the parties and their attorneys to come together to try to resolve these issues if they can. Of course, if they are unable to do so, then the court will hear the case and issue an order to settle these issue while the case is pending.
You should be aware that some counties in Georgia require that the parties to a domestic relations case participate in a mediation conference prior to scheduling a temporary hearing. If that is the case in your county, then you would need to mediate before going to court.
You should definitely speak with an attorney to determine what issues would be handled at the temporary hearing. Also it is customary to request some form of temporary relief in the divorce complaint to ensure that the clerk of court will schedule a temporary hearing.
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