Typical lawsuits take months, if not years, to make it to court. But if you’re getting divorced and need a quick decision from a judge about the timesharing, the car, the money in the bank accounts, or the house–or if you need money for support right away–obviously you can’t wait that long. You don’t have to. When couples separate, important issues are often resolved in a short hearing before a judge, instead of requiring a full-scale trial. These hearings are held family court.
Commonly, these quick hearings are less formal than standard court hearings, and less intimidating. But their brevity means that you must be prepared and know exactly what you want. You may have only a few minutes to ask for it.
Temporary Orders
Let’s say a husband moves out, and the wife who’s left behind needs money to feed and shelter their children. Realizing that she would starve long before a full trial could be held, she is desperate for help. She can go to court to request a temporary order from a judge. Her request will be put on a fast track, and a hearing scheduled.
Spouses can also ask a court to temporarily:
- Order (restrain) a spouse from coming near or contacting the other (or, if he or she hasn’t already done so, to move out of the family home).
- Establish child custody and visiting arrangements.
- Provide for spousal support (alimony) and/or child support payments.
- Order either spouse not to sell valuable assets, and/or give possession of the family home or car to one of the spouses.
These temporary orders are usually valid until the court holds another hearing or until the spouses arrive at their own
At its conclusion, the judge will likely make an immediate ruling, usually either issuing the requested temporary order or modifying it somewhat. If more information is needed, or your spouse wasn’t given the proper notice before the hearing, the judge may issue an order that is effective only until another hearing can be held.