Temporary Hearings

Deciding to get a divorce is a difficult choice.  There is a lot of uncertainty for both parties going into the case, and whereas the parties have previously worked together to keep their household running, the beginning of a divorce is likely to change that.  Adding to the turbulence and uncertainty at the outset of any case is the fact that divorces are notorious for lasting a long time.  Fortunately, there is a mechanism in New Jersey divorces to help resolve some of the uncertainty to help keep things moving as smoothly as reasonably possible while the divorce is pending.  In the optimal situation, the parties will work together to help settle the issues that need immediate attention, but when that does not happen, either party can request a temporary hearing.

At a temporary hearing, a judge can make decisions about how important issues regarding finances and child custody shall be handled until the parties are able to get the divorce completely settled or until the final divorce hearing.  Common issues to be decided during temporary hearings include division of regular marital bills (such as cable, medical bills, or a cell phone plan, just to name a few), spousal support, child support, and child custody.  Courts can also decide other issues, such as who will live in the marital residence while the divorce is going on, or which spouse will have the use of which vehicle.  The typical goal at the temporary hearing is for the judge to ascertain what has been the typical habit of the parties and to maintain that status quo.  For example, if the husband has usually been responsible for paying the parties’ student loans while the wife pays for the parties’ cell phone bills, the judge may very well order the parties to continue on in that fashion.  The parties will need to be prepared to present proof to support their proposed temporary orders, such as financial statements showing which spouse has usually paid which bills.

Spouses should also keep in mind that a temporary hearing is exactly what the name states — temporary.  Just because on spouse is granted the right to live in the marital residence during the divorce, for example, does not mean that he or she will be granted the house at the final divorce hearing.  At the final hearing, the court will be looking to a completely different set of factors and considerations to make its decision.

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We can help you understand the divorce process, including when and why to request a temporary hearing.  Call us today for a consultation.

Are you interested in seeking an annulment? If so, contact Williams Law Group, LLC right away. Our family law attorneys will review your case to determine if an annulment is an option. If it is, we will guide you through the process and ensure you make the best decisions for your future. Call our office at (908) 738-8512, email us atinfo@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation

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