In the majority of family law cases that I have dealt with as a family law lawyer, the client will often want to request immediate relief form the court via a temporary hearing.
Every state handles the temporary hearing process a little differently. You will want to speak with family law lawyers in your area for further information about how the court in your particular state conducts temporary hearings. Some states may call them temporary hearings, other courts may call them “provisional hearings.”
In my experience, the courts generally treat the temporary hearings the same – they are a vehicle by which the court makes temporary decisions about a family law case before it is finalized in the court system.
What does this mean? For example, in the divorce or “dissolution of marriage” context, a temporary hearing means a person is asking the court for immediate relief on issues like child custody, child support, alimony, maintenance, ownership of the car, house payments, etc. As I’ve discussed in prior posts, a divorce means that marital property needs to be divided immediately. It also means that child support and child custody issues must be decided immediately.
What are the courts to do? Basically, the courts will conduct temporary hearings when they are asked to by litigating parties. If the parties can’t come to an agreement on issues like those discussed above, the court will have to make a decision for them.
If one party knows an agreement cannot be reached, the party will typically want to file a motion or other legal pleading with the court, asking the court to set a temporary hearing. The filing party will be required to give notice of the motion to the other party. The other party will then have an opputunity to respond and tell the court what he or she thinks ought to be done. Then, the court clerk will schedule the matter for hearing at a date which is available with the court.
When notice has been given and each party has had a change to file their motion with the court, the court will then set a hearing and hear the parties’ oral arguments. These arguments, like the motions, are conducted by attorneys. However, testimony of feuding parties will also likely be taken. After that, the judge simply makes a temporary decision.
Again, you should keep in mind the word “temporary.” The order that a judge issues means just that – it’s temporary.
In a divorce, the case can go on for a long, drawn-out time. The court will try to schedule things and move the case along, but I have been involved with some vary lengthy divorce proceedings – one year and over. While the divorce is being litigated, the husband and wife will absolutely need temporary orders issued.
Below are some examples of temporary relief that can be issued by courts:
- temporary custody and parenting time regarding minor children;
- temporary maintenance of either spouse;
- temporary child support;
- temporary costs and/or attorney’s fees;
- temporary award or use and possession of the marital residence, furniture, automobiles, and other marital property;
- temporary order to restrain one of the parties from dissipating marital assets;
- temporary order to restrain a party from harrassing the other;
- temporary order to restrain one or both of the parents from removing the children from the court’s jurisdiction;
- temporary order to exclude one of the parties from the marital home;
- any other temporary order deemed necessary by the court.
I hope that list and this post help explain temporary hearings in the family law arena. For further information on temporary hearings and orders, you should contact a Dakota County divorce lawyer in your area lawyers in your area.
