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.