What to Expect at a Temporary Hearing

There are a lot of questions regarding what to expect during temporary hearing amongst my clients. Oftentimes, a temporary hearing is the first time the client will go to court. A temporary hearing in a divorce case cannot make a final adjudication of the parties property rights.

At a temporary hearing involving alimony or child support, a domestic relations financial affidavit must be presented to the court. Uniform Superior Court rule 24.2. In a pending divorce action, the judge may modify from time to time, until the final decrees entered, his or her orders, because a temporary order is different from a final decree in that it does not decide any final issues between the parties.

Temporary orders are enforceable by contempt and by writ of execution or fi fa. On appeal from a temporary order, the decision will not be reversed unless there is a manifest or flagrant abuse of discretion. At a temporary hearing, the parties involved and one additional witness for each side may give oral testimony. Additional witnesses must testify by deposition or affidavit unless otherwise ordered by the court. Any affidavit must be served on opposing counsel at least 24 hours prior to the hearing. Uniform Superior Court rule 24.5 (A).

Except by leave of court, the minor child of the parties will not be permitted to give oral testimony at temporary hearings, such children will be excluded from the courtroom or other place of hearing. When custody is in dispute, if directed by the court, the minor child or children of the parties will be available for consultation with the court. As such consultation, attorneys for both parties may be in attendance but shall not interrogate such children except by express permission from the court.

Upon request, the proceedings in chambers will be recorded. Uniform Superior Court rule 24.5 B.

Contact a Dallas Georgia family law lawyer today for help in regards to your domestic case.


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