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Temporary Hearing

Temporary Hearing

temporary hearing is a court appearance before the judge presiding over your case prior to the final hearing or trial.

Temporary hearings are similar to trials or final hearings, but on a smaller scale. Think of them as “mini trials.” In Georgia, either party may request a temporary hearing in family law cases where the issues of child custody, visitation, child support, alimony or the division of property need to be resolved on a temporary basis until the final hearing is held. See O.C.G.A. §§ 19-6-3, 19-6-15, 19-11-140. The primary purpose of temporary hearings, and any temporary order that may be issued subsequent to a temporary hearing, is to provide both parties with a temporary framework to work within during the pendency of the divorce or other family law matter.

  Practice Pointer - When is a Temporary Hearing Appropriate?

Temporary hearings may be beneficial in cases where, for example, parents are unable to come to a mutually agreeable custody and parenting time arrangement during the pendency of their divorce action. In such a case, a temporary hearing will give each party the opportunity to present their side to the presiding judge. Once the judge hears the facts presented by both parties, the judge will provide the parties with a temporary order that will endure until the final order is rendered. Just like any other court order, a temporary order concerning child support, alimony, visitation, or any other matter must be adhered to by both parties.

It is also important to note that even though either party may request a temporary hearing, there are certain requirements that must be met in order to properly request and receive a temporary hearing. First, notice of the requested temporary hearing must be served on the opposing party at least 15 days in advance of the hearing. Uniform Superior Court Rule 24.2. Secondly, if the temporary matter to be determined involves child support, alimony, attorney’s fees, or the division of property, the party seeking the hearing must file his or her Domestic Relations Financial Affidavit along with their proposed child support worksheet with the clerk of court and serve it on the opposing party at least 15 days in advance of the hearing. Id. See also O.C.G.A. § 19-6-15.