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What is a contested temporary hearing during a divorce?

What is a contested temporary hearing during a divorce?

On Behalf of | Apr 28, 2023 | Divorce |

Divorce cases can be highly complex affairs with many steps to follow along the way. Though the final trial is where the judge will determine the all-important verdict, you inevitably will go through at least one hearing before then.

The divorce hearing is a pretrial process during which the judge hears the issues that remain unresolved between the divorcing individuals. This provides an opportunity to move toward settling those matters or to outline temporary procedures that can help the final trial move along more smoothly.

What is a contested temporary hearing?

A temporary divorce hearing gives the divorcing parties a chance to reach a temporary order in advance of the final trial and the judge’s permanent decision. An uncontested hearing is one in which both sides are already in agreement, meaning it is only necessary for the judge to review their agreed-upon order and sign it. A contested hearing, however, entails presenting evidence to the judge so that he or she may arrive at a temporary order based on the presented facts.

What happens after a contested temporary hearing?

Though a contested temporary hearing can be highly contentious, it will inevitably result in a temporary order passed down by the judge. Both spouses must behave in accordance with this temporary order and fulfill any obligations outlined therein. If either side is unhappy with the temporary order, they still have the opportunity to reach a more favorable outcome either in the final trial or through mediation.

Attending a divorce hearing can help you and your soon-to-be ex-spouse understand what the likely result of the trial will be. Even in a contentious divorce, the results of a temporary hearing can often spur couples to try mediation in pursuit of a better outcome.