TEMPORARY HEARING

If you or the other party have requested temporary relief, you will probably be scheduled for a Temporary Hearing. The purpose of this hearing is to determine who will have access to what assets (such as the house) during the divorce process.

 

Every hearing for a Temporary Order will be different. This is because different cases ask the judge to decide different things. Some of the more common issues are:

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1. Who gets to live in the house?

2. Should one party pay spousal maintenance (alimony) during the divorce process?

3. Who gets the vehicle?

 

What will the hearing be like?

At the hearing, whichever party is asking for temporary relief will testify first.

The hearing will be held by a judge in the courtroom. Most likely, it will take between two and four hours, but it could take longer.

 

What documents should I bring?

You should bring the following documents to the temporary hearing:

1. Your Financial Affidavit (form 813)

2. Bank statements and credit card statements if you are asking for particular award of these accounts

3. Any documents you have related to the issue for the hearing

 

Related Questions:

• Can the temporary order be changed?

• Testimony

• Witnesses

• What is Evidence?

• What is the Hearsay Rule?

• What is the Foundation Rule?

 

TIP: You might not have a Temporary Hearing at all. If you think that things are going okay in terms of what property you have access to, you might ask the judge to just schedule a Final Hearing instead.

 

TIP: The Child Support Temporary Order will probably be a separate order from the Temporary Order on everything else.