Temporary Hearings Under Georgia Divorce Law

Experienced Georgia Family Law & Divorce Attorneys

A common question asked of our Atlanta divorce lawyers is what will happen between the time our client file for a Georgia divorce and the time when your judge decides on all issues in the case and issues the final Divorce Decree.

This is provincially known as the "waiting period," and during this time either the husband or wife have the right under Georgia law to request a "temporary hearing."  Your temporary hearing will be  different than your final GA divorce settlement and judicial decree, and is meant to resolve issues of child custody, child visitation, child support, alimony, debts, and property division on a temporary basis only until these divorce issues are decided by the court. In other words, the purpose of a temporary hearing is to allow you to proceed with your life before your final GA divorce or child custody settlement is completed.

The Process Of a Georgia Temporary Hearing

Under Georgia divorce law, if you and your divorce lawyer request a temporary hearing, the court will issue a temporary order which will apply only until trial, and the order may prohibit either the husband or wife from interfering with the other spouse or children, and also could prevent the sale or transfer of assets.

It is difficult to determine the timeframe in which a temporary hearing will be held, and it often depends on the court's docket, but sometimes a temporary hearing may be held quickly – shortly after papers have been served.

During your temporary hearing, our divorce attorneys will present your arguments to the judge who will make a decision on the basis of the information received.  Importantly, as opposed to the actual trial which may be heard by either a GA judge or jury, during your temporary hearing a jury will not be part of the process.

While a temporary hearing is not a necessary step in the Georgia divorce process, our Atlanta divorce lawyers may recommend one if we feel that it will be in your strategic best interest to hold the hearing.

Consequences of a Georgia Temporary Hearing

Many divorce attorneys feel that a temporary hearing sets the tone for the rest of the divorce proceeding. With that in mind, your temporary divorce hearing needs to be handled with extreme caution and care. We strongly recommend that you consult with one of our divorce lawyers well in advance of filing your divorce papers or requesting a Georgia temporary hearing so that you will understand everything that will take place at your court appearance and and be sure that you are fully protected throughout.

If you and your attorney feel that the decisions made by the judge at your temporary hearing were not in your favor, you will have a number of options available to you and our Atlanta divorce lawyers will strategize with you as to what those options might be. One option would be to request a jury trial that may give you a better chance of overturning the decisions that were made by the judge during the temporary hearing. Additionally, a temporary hearing may help provide you and your attorney with the opportunity to search for additional evidence in your favor that you will need to win your case. All in all, a temporary hearing is but one stage in the trial process, and our experienced, trial-tested Atlanta divorce lawyers will be able to provide you with the expertise you need to increase your changes of overturning an unfavorable temporary hearing, or continue your momentum if your temporary hearing provided you with favorable results.

  Getting Started

If you are dealing with a GA divorce or family law issue, we advise you to speak with one of our Atlanta or Athens contested divorce lawyers sooner rather than later. The process can be intense and sometimes intimidating, and the help of an experienced attorney will be invaluable in helping you protect your interests and the interests of your children.  For a typical divorce or child custody matter, our law firm retainer begins at $2,500.00.  If you would like to talk with one of our family law attorneys about representing you, either fill out the brief form to your left or give us a call.  For additional contact information and driving directions to our firm please visit our Contact Page.  Thank you and we look forward to working with you.