Filing for divorce does not pause your family’s daily needs, and questions about where your children will live or who will pay the household bills often arise long before the final decree. Learning what to expect during that wait can help you plan for the months ahead.
Getting decisions before the divorce is final
Either spouse may request a temporary hearing on custody, child support, alimony and use of the marital home. Both of you must follow the resulting orders until the court changes them or the divorce ends. The judge must give the parties advance notice before using hearing evidence to decide permanent custody.
Many superior courts also issue standing orders that limit selling or transferring property, changing insurance coverage and taking the children out of state. The terms, timing and duration vary by county, but these restrictions help protect your assets and your household’s current arrangements while the case proceeds.
Presenting evidence at the temporary hearing
Because this hearing moves quickly, only you, your spouse and one additional witness per side may testify live unless the judge permits more. When setting temporary custody and support, the court considers the following:
- The parenting arrangement that supports your child’s welfare and stability
- The division of daily caregiving duties
- Both parents’ gross incomes under the state child support guidelines
- Your financial need and your spouse’s ability to pay alimony
- Any history of family violence
Other witnesses give evidence by affidavit or deposition, and your minor children need court permission to testify or attend. The hearing does not decide the grounds for divorce, though the reasons for your separation may still affect temporary alimony.
Filing the motion and meeting deadlines
Your motion may also request that your spouse pay household debts and your attorney fees during the case. After filing, you must serve notice of the hearing at least 15 days in advance unless the court sets a different period.
Each side generally must exchange a sworn financial affidavit and any required child support worksheets and schedules at least five days beforehand. You can then keep your presentation focused on the two or three issues your family needs resolved now, supporting each point with pay stubs, expense records or sworn witness statements.
A family law attorney can draft the paperwork and arrange formal delivery to the other party. Counsel also helps you decide what to emphasize and prepares you to testify before the judge.
