Bivek, Brubaker & Prescott - Marietta family law and divorce attorneys

Temporary Hearing vs Emergency Hearing

There are two main types of hearings that a party can have before going to final trial or resolving their case through alternative dispute methods. Please note that if your case is in Fulton County there will be a hearing every 30 days known as status conferences. 

Temporary Hearing

While most domestic relations cases will not go to final trial, the case will most likely have a Temporary Hearing in front of the Court. Temporary Hearings are used to resolve issues on a temporary basis. Some issues such as visitation, child support, alimony, or a division of property need to be resolved before the case goes into final trial. The Temporary order will provide a temporary framework for the parties to go by. For example, the temporary order could order the Father to pay the Mother $500 in child support every two weeks until a final order is established. This order would be helpful as the mother would otherwise not receive any child support until the final order is established.

 Either party has the option to request a temporary hearing. Each judge has their own way of scheduling temporary hearings and it may take longer than expected to get a date on the calendar. For example, some judges leave open a week for domestic cases while others have a few days spread out through the month. These openings tend to fill up very quickly. In addition, if the temporary hearing is expected to take longer than a half-day, some judges may specially set the hearing for a certain date.  

Emergency Hearing

An emergency hearing as you can tell by the title have to deal with matters of urgency. Normally, emergency hearings are called due to concerns for the children. First, the party wanting an emergency hearing must file a Motion for an Emergency Hearing with the Court. The motion explains to the Court why they believe an Emergency Hearing will take place. If the motion is granted by the Court, it normally only takes a few days or a week before the hearing takes place. The judge will hear both party’s arguments and then make a ruling. SinceEmergency hearings normally deal with custody of the children. The Judge could rule for one parent to have custody of the children until a final order is reached. It is important to note that what may be an emergency to you may not be deemed an emergency by the Court. A guideline to follow would be if the children are placed in danger or harm’s way by the other party.

It is important to have an experienced Family Law attorney on your side when navigating requesting a temporary or emergency hearing for your domestic relations case. Give us a call toll-free at 866-527-2630 to set up a consultation. 

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