What is a Temporary Order Hearing for a divorce? Can I bring witnesses to the hearing? What all happens at this hearing? What should I do for this hearing? Is there other people going to be there to?
Temporary divorce hearings are designed to set temporary court orders while a couple go through a divorce. The purpose of the hearing is not to allocate or divide up property or to grant the divorce. The court sets orders as to custody, placement, child support, maintenance, health insurance, use of vehicles, homestead, bank accounts and payment of debts, among other issues. Not every couple need an initial hearing. They are routinely required where there are minor children, mostly focusing on children's issues, of custody, placement and child support. Whether witnesses are allowed is dependent on the county you are in and the particular court commissioner. Most initial first hearings do not involve testimony from the parties or from witnesses. The reason you are asking for a witness to appear and testiy will need to be compelling. The court may require you to provide an offer of proof of what that person what your witnesses would be testifying to, before deciding whether they should be allowed to present testimony or not. The court usually sets 30-45 minutes of time for the hearing. Following arguments by the parties, or their attorneys if represented and after reviewing your repsective finacnial information such as tax returns, check stubs and financial disclosure statements, the court will make decisions and orders and you will leave court that day with a signed written court order in your hand. You need to have a firm idea on what you are asking the court to do, if you are the one asking for the hearing. Depending on the county you are in, the hearing may be open to the public. In other counties, the courtrooms are very small and the court may limit attendance to only the parties and their attorneys, where applciable.
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