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What is a temporary hearing? How temporary is it?
A temporary hearing is a preliminary meeting that takes place to sort out issues of child custody, support, and payment arrangements that are to be in place until the divorce trial. The wait for the trial could last many months, or even more than a year, so all terms decided upon in temporary hearings should not be taken lightly.
These hearings are temporary in that they are designed to settle things until the trial.
Here is a list of common requests made, and issues resolved until the trial in temporary hearings. There can be many more, or fewer requests depending on the lawyer, and the demands each spouse may be making.
· Request for custody of the child until the trial
· Request for exclusive use of the house
· Request for exclusive use of the car
· Request for spousal support
· Request for payment of attorney fees by spouse
· Request for an injunction barring one spouse from removing the other from an insurance policy
· Request for the appropriation, or limitation of access to joint bank accounts or investment/brokerage accounts until further court orders
· Request for a restraining, or personal protection order, which disallows one spouse to come within a specified range of the other, and sometimes also the house and children
In many hearings, all of these requests, and sometimes more are granted. Findings at temporary hearings can be changed, but not without a lot of work.
Remember, these rulings will be in place until the trial. Be sure that the terms decided upon are tolerable, and if they are not, talk to your lawyer to have him or her draft up an appropriate response, or even your own detailed request with good supporting documentation. Once the hearing starts, you cannot change your mind about anything, so make sure your lawyer is clear on your stance regarding all the issues raised.
Please contact us today for a free consultation with an experienced divorce attorney who can inform you of your options, and legal rights, and help you plan the best course of action.
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