What do I do about custody, visitation, property, and other issues while the divorce is proceeding?
Oftentimes, there are issues that must be addressed early on in a case. Some of those issues include custody of minor children, child support, visitation, determining who gets to reside in the marital home and spousal support. This relief comes through a Temporary Order. Either party may file what is called a Motion for Temporary Relief. Once filed, a hearing will be scheduled and the motion must be served on your spouse at least five business days prior to the hearing. South Carolina Family Court Rule 21 states that the only evidence the Judge will consider at the temporary hearing will be: "pleadings, affidavits, and financial declarations".These hearings are short. They are typically scheduled to last approximately 15 minutes. At the conclusion of the hearing the Judge will issue his or her ruling which will become the Temporary Order. This order will remain in place throughout the pendency of the case; however, it is important to note that this order has no effect on the judge who hears the case at the final hearing.Because these orders may be in place for over one year, it is important that you work with your attorney from the very beginning by being honest and upfront with him/her and provide all of the documents and other affidavits they request. I have written more about Temporary Hearings and Affidavits here, here, here, here, here, here, and here.