What Issues Could Be Discussed At The Temporary Hearing?


We would first have to divide what the case was, although a divorce may or may not involve children, it would require some interactions between the adults and it would most likely involve property and debt issues.

Deciding How to Distribute Assets like the House

A temporary hearing on a divorce case would look at who would get the house, who stays in the house, pays for the house and who would pay to maintain other assets concerning living expenses at said property. This also may include rental property, cars, insurance as well.

These are just some of the issues that would have to be decided at the temporary hearing because we would have to maintain that property from the point that the couple separated, till the point where the court ruled on the property. For instance, there would not be a home to contest if nobody paid the mortgage by the time the case got to the final hearing.

A Temporary Hearing Can Also Decide Spousal Support Issues.

A temporary hearing for divorce would also involve the issue of Spousal Support, and whether one party was in such financial straits that they needed support from the other party. Spousal support would involve things such as living expenses and maintaining a car they had access to.

The temporary hearing would also be an opportunity to ask for legal fees from the other spouse for the time frame of the divorce. The attorney representing one spouse may put on evidence regarding how much the case cost, to the point where they were in court, and they would be able to predict how much it would cost in the future.

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It Would Also Deal with Child Related Issues like Custody, Child Support etc.

We would look at child issues in case it was a suit affecting the parent child relationship where the parties were not married, or if that suit was added into the divorce because there were children from the marriage.

The temporary hearing would look at issues regarding the children, such as their custody, who would raise the child, where would the child live, how often the other parent would have access to the child, also known as visitation, who would pay for the child support and possibly pay for the health insurance.

The temporary hearing would also deal with who would be responsible for getting the children back and forth to extracurricular activities, who would handle the property of the children meaning the clothes they wear, how would homework get back and forth, and if there were holidays coming up, then how those holidays would be divided in a way that would be in the child’s best interest.

There would be different goals depending on whether the purpose of the case was a divorce or whether it was a suit where there were children involved. Even if there were children involved, we would still have to ask for legal fees to be paid so that the client could put their best foot forward.

Concerns about the Mental Health of a Party or Any Other Concerns Could Also Be Brought Up

At a temporary hearing, the attorney could bring up any concerns about a party’s mental stability or instability. They could request a psychological or custody evaluation if they felt that would help the case. Any concerns about one party or the other dissipating assets or spending money could also be brought up so that it could be limited.

A temporary hearing could also be used to gain access to any technology in the property, and if needed, several tests could be done, as in hair follicle tests or DNA tests to determine if the male was the father of the child or children involved.

Not only would the temporary hearing be the most important hearing, it would come up so quickly that the parties would have to be prepared. Most of the time during these hearings they would be directed towards trying to preserve those assets and making sure the children were taken care of.

It Would Not Be Advisable To Attempt to Go Through This Process Alone

This happens all the time and it can be difficult for someone who was trying to handle this kind of case by themselves. The parties would generally represent themselves when there were not a lot of resources or it was not a long-term marriage.

Oftentimes, the person who decided to end the relationship or who wanted to establish the parent-child relationship would have an attorney whereas the other party would not.

This usually happens because the other party believed for a number of reasons that they would be treated fairly by the system that the child would always live with them or they felt there was no possible way their position would not be clearly articulated.

For more information on Issues Discussed in a Temporary Hearing, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (254) 699-3755 today.

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