What is a temporary hearing?

A temporary hearing occurs when one person seeks some sort of preliminary order until the matter is finally resolved. Most commonly, these hearings are part of a divorce proceeding, but may also occur when a grandparent or other figure seeks custody of a child when the parents cannot provide proper care.

What happens at a temporary hearing in a divorce?

Divorce Process: What is a Temporary Hearing. That means the relief ordered by the Family Court at a Temporary Hearing is (1) temporary, lasting only for the duration of the case, and (2) binding on the parties – meaning if you don’t do what you are supposed to do, you can be held in contempt and punished by the Family Court’s contempt powers.

What can a judge do at a divorce hearing?

A judge can issue a temporary restraining order and put p rotections in place throughout the divorce process. Other hearings may be more mundane. They could be related to discovery, scheduling, evidence, and other procedural matters.

Can a judge make a ruling on a temporary order?

After reading the affidavits, the judge may allow for a short argument on the issues by the attorneys and will usually then make their ruling for the Temporary Order. While this may not be the best or fairest way to determine the pendente lite rulings, it is the current state of the law and how we must proceed in our cases.

What are the requirements for a temporary hearing?

There is generally no testimony taken at a temporary hearing. The parties are required to provide affidavits to the Court and are limited to 8 pages of affidavits. You must also provide a financial declaration for the judge to review.

When do you need a temporary order in Family Court?

You need a temporary order. When couples separate, important issues are often resolved (at least temporarily) in a short hearing before a judge. Even though these quick hearings are less formal than standard court hearings, their brevity means that you must be prepared and know exactly what you want. You may have only a few minutes to ask for it.

When does a divorce hearing need to take place?

In some cases, a divorce hearing may take place after a divorce is finalized. This could happen because an ex is seeking a change in the terms of child custody or visitation, or requesting a change in the amount of alimony or child support paid. What types of issues are addressed at a divorce hearing?

How does a divorce case go in court?

At the court, your case is called. Both spouses and attorneys (if you’re being represented) will step in front of the judge or sit at tables in the front of the courtroom during your hearing. Sometimes, there is a formal opening statement, official testimony, presentation of exhibits and evidence, and closing statements.

Can a restraining order be put in place during divorce?

Another critical issue that can be addressed immediately is if one spouse claims there is neglect or abuse taking place in a marriage. A judge can issue a temporary restraining order and put p rotections in place throughout the divorce process. Other hearings may be more mundane.