What Happens After The Temporary Hearing?
This would really depend on the type of case, because a divorce might be a long-term divorce which would be any divorce after 10 to 30 years. We would have to accumulate where the property was located, the value of the property and the condition of the property. In case of a short-term divorce or marriage, we would look into who brought what property into the relationship.
Dealing with Assets
It would be doubtful for a couple to have the same car today as they had when they got married 20 years ago, although it is possible. If it was a 5-year marriage, then it would be very likely for the individual to still have the same car he got married in and that he brought to the relationship, so we would exclude that from the community property estate.
We really need to look at what the goal was and the type of case in order to determine what to do next and what assets to search out. A lot of what we do involves trying to get all the retirement papers brought to the courthouse or brought to each other’s law offices so they could be divided. This is called the discovery process.
Issues Involving Children
In case there were issues involving children, we would try to make sure we complied with everything in the order and that we started fine-tuning it if there was something we needed, for our client’s benefit.
If our client was allowed visitation with the children, then we would need to see if he always made visitation, was he able to make visitation and if not, then when.
In case we continued to fight for custody, we would continue to build-up evidence of a positive parent-child relationship between our client and the children and in the meantime continue to do discovery and possibly even depositions.
These things would really come to a head about 30 days out from the final hearing, and after that, we would stop accumulating information and make sure to start applying that information even more. We would try to streamline it so it could be presented to the judge or a jury.
A Temporary Order Could Become a Final Order, but It Could Be Changed
The temporary order would usually become the final order because of the time it would take to come back to final court. It could always be changed, but in order for that to happen, the judge would have to see compelling evidence that required that order to be changed. For example, if the children were over the age of 12.
If the children who were 16 or 17 years old had lived with one parent for 6 months, then they might feel that since they had been living with this parent for most of the school year, they might want to live with the other parent because they wanted to establish more of a bond and a relationship with the other parent.
The children would be fully secure in the relationship they had with the parent they were living with, but they needed to establish more of a relationship with the other parent. They might simply want to change because they felt more comfortable or they were more similar to the other parent.
In a hotly contested case where the temporary order was well thought out, both sides presented very carefully prepared cases but one party was not happy with the outcome, they could consider picking a jury to decide the issues regarding the children at that point. In other words, they could try to change that ruling because the judge would be likely to default into what they had decided before.
There Are Many Advantages to Winning the Temporary Hearing
Absolutely, because the rules and the guidelines once established by the court, would be very difficult to change through the process of the final divorce or final suit affecting parent-child relationship and at the end.
After 6 to 9 months, the judge would ask whether there had been any major issues on how the previous ruling was going, and he would want to know how it affected the parties and whether the children were doing well. In most cases, that would then become the final order.
We like being prepared, and we like making sure our client understood what needed to be done so that we had established clear goals. With those clear goals accomplished, we would know our client was financially stable, they could make the payments necessary, and it would be best for the children.
The Issues of Conflict Should Never Be Discussed With the Children
The main thing people need to remember about these temporary hearing is to just prepare, prepare, prepare.
They should not speak to the children about these issues because it could be traumatic for them.
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