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Temporary Hearing in Georgia

Publish Date: 09/30/2024

Understanding Temporary Hearings in Georgia Family Law

Navigating family law issues can be complex and emotionally charged. In Georgia, a temporary hearing offers a chance to address immediate concerns before the final hearing or trial.

A temporary hearing is a court appearance where both parties present their case to a judge regarding pressing family law issues, such as child custody, visitation, child support, alimony, or property division. Unlike a full trial, temporary hearings are smaller in scale but serve a crucial function in establishing guidelines for the parties to follow until a final hearing can be conducted.

The primary goal of a temporary hearing is to create a framework for both parties to operate within during an ongoing divorce or family law case. The judge will issue a temporary order that both parties must follow until the final hearing, providing much-needed structure during a difficult time.

Temporary Hearing Procedure


While either party may request a temporary hearing, specific protocols must be followed. Notice of the hearing must be served on the opposing party at least 15 days prior to the temporary hearing. The parties must each provide the court and the opposing party with a Domestic Relations Financial Affidavit (DRFA) and, if there are children involved, a proposed Parenting Plan and a Child Support Worksheet (CSW).

In order to prepare for the temporary hearing, you will want to collect and provide your attorney with documents regarding income and expenses which may be used as evidence in the hearing: pay stubs, tax returns, mortgage statements, utility bills, loan/credit card statements, daycare/extracurricular expenses, etc. It is best practice to comply with all Discovery, required by the court or sent from the other side, in the form of Interrogatories (questions) or Requests for Production of Documents, because the other side may request a continuance for incomplete Discovery.

During the temporary hearing, both parties can present evidence in the form of written documentation or witness statements. Each party is limited to one witness each, and all other witness statements must be submitted via written affidavits. The written affidavits must typically be provided to the court and opposing party within 24 hours prior to the temporary hearing.

The judge will consider the facts and issue a temporary order, which remains in effect until a final order is rendered. While issues can be decided on a temporary basis, all issues can be revisited at the final hearing.

Temporary hearings are essential for addressing urgent family law issues in Georgia. Understanding the process and requirements for a temporary hearing can help ensure you effectively navigate this critical step, setting the stage for a smoother resolution in your family law case.

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Divorce Process
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