Definition: Temporary Divorce Hearing

I meet with people who have recently been served with divorce papers.  Many times, included in this paperwork is a Motion and Notice of Temporary Hearing.  This causes many questions because the Motion seems to ask for the same relief that is requested in the Complaint.  So what is a temporary hearing?A temporary hearing is an opportunity at the beginning of a divorce or child custody matter where you can ask the court to grant you some specific relief before the final hearing.  That means when you file for divorce you don't have to wait the entire nine months or a year to get to the final hearing when you need to get alimony or child support started or a custody order so you can enroll your child in school.In most counties, your temporary hearing will be held about 3-4 weeks from the time your request the hearing and generally lasts 15-30 minutes.  At this hearing you will generally not testify, but your case will be presented through your lawyer's arguments and through affidavits submitted by you to the Court.  After that brief time, the Court will make a decision that will remain in effect throughout your case.

What Do You Do When You are Served Divorce Papers in South Carolina

So you have been served with divorce papers by your spouse?  First, let's define what "being served" really means.  When you are served, your spouse has had someone deliver the papers to you.  South Carolina laws prevent your spouse or his/her attorney from being the people that actually serve you and Rule 4 of the Rules of Civil Procedure govern and determine what proper service is and how service can be made on a defendant.So, now that you have been delivered your divorce papers, you don't know what to do.  Well, the first thing you should do is make a note of when you were served the papers.  The date and time will be very important in your divorce case because of strict time lines that apply to both you and your spouse.The next thing you should do is read the paperwork that is served on you.  Many times in a divorce case the plaintiff's attorney will request a hearing at the very beginning of the case called a temporary hearing where they will request some specific relief such as child custody, child support an alimony.  The rules only require you to get five days notice of this hearing so you may need to act quickly to schedule a consultation with a divorce lawyer in order to have them represent you at the temporary hearing.The next time line that applies is 30 days.  You have thirty days from the date you are served to file an answer to your spouse's complaint.  If you are later than 30 days you may be in default and can forfeit some of your rights provided by the law.  Therefore, it is extremely important that you formally respond to the allegations in your spouse's complaint by filing an "Answer" with the family court and serving that on your spouse and his/her attorney.I do not recommend that you go it alone in your divorce case.  As soon as your are served with divorce papers, I recommend that you immediately consult with an attorney to learn your rights and to get a game plan.  You may not like the attorney you meet with initially and may want to consult with several attorneys.  If you wait too long and do not leave yourself and your future attorney any time to respond you will lose the opportunity to shop and find the right attorney for you.

What Happens after my Temporary Hearing?

So you've made it through the temporary hearing in your divorce case.  Maybe that turned out great for you.  Perhaps the temporary hearing was a disaster.  You may be extremely happy, or you could be pretty scared and depressed.  As an attorney, I've been on both sides.  So what happens after your temporary hearing?  Well, the case will move on.  Typically, discovery is the next step.  Discovery can consist of sending requests for information from your spouse and subpoenaing information from other entities.After we have a grasp of what the case is about and some more specific information that we have gained through discovery we can move on to mediation.  In Greenville County, mediation is mandatory in a contested divorce case.  If we are able to settle your case at mediation we will be able to request a final hearing immediately.  If not, we can continue to negotiate as we move forward towards a trial.The length of this phase of your case can vary based on the complexity of your case and the type of final hearing we need.  If we only need a 15 minute hearing, we could get into court quickly.  If, however, we need the court to set a trial that will last a day or longer we could be waiting several months for our court date.  This, of course, extends the amount of time necessary for you to continue as ordered under the temporary order.