Going through a divorce is a stressful and emotionally challenging time, especially so if the divorce is contested. Couples in contested divorces face an enormous amount of uncertainty regarding the future, and may find it next to impossible to agree with their spouses on anything. Financial matters, issues regarding the division of property, and agreements related to child custody and support can be major points of contention. If you’re anticipating or going through a divorce or separation , there are no quick and easy answers to resolve all of the problems you are coping with right now, but there are steps your attorney can take to get you some immediate relief.
Requesting A Temporary Hearing
Jump Ahead To
By filing a complaint for divorce with the family court, you have gotten the ball rolling. At the same time, there is often a long waiting period between the time your complaint is filed and when your divorce is finalized. Issues regarding the division of marital assets and property can require a lengthy negotiation process. While you are waiting, you will likely want something from the court stating your rights and responsibilities, as well as those of your spouse. Your attorney can help you to get some immediate relief by requesting a temporary hearing. This is done by filing a Motion for Temporary Relief . By filing this type of written motion with the court, you are assured of getting a temporary hearing, often within a month of the motion being filed. By requesting a temporary hearing, you can get a court order temporarily resolving some of the issues that will eventually be permanently finalized at a later date.
What a Temporary Hearing Can Accomplish
A temporary hearing will not provide permanent answers to the problems contained within your contested divorce, but will provide a temporary solution. In most contested divorces, there are a number of issues which will require time in order for them to be resolved. There may be disagreements in terms of dividing the property the couple has accumulated, dividing retirement accounts and other assets, as well as dividing the debt that was incurred during the marriage. In terms of resolving these major issues, the court may require you and your spouse to enter mediation, and the attorneys for both sides will likely request certain evidence be produced from the opposing party, such as tax records and receipts. While this can be a process requiring a certain amount of time, there are likely some issues that need to be resolved immediately. Issues that can be resolved at a temporary hearing include:
- Which partner will reside in the marital home, and who will be responsible for paying the mortgage, utilities and taxes on the home;
- Which person will retain automobiles, and who will be responsible for the monthly payments;
- Division of monthly debts;
- Amounts to be paid in alimony;
- Who will have custody of the children;
- The amount of child support the non-custodial parent will pay; and
- Visitation agreements for the non-custodial parent.
As this is a temporary hearing, the decision the court makes resolving these matters will be via a temporary order, which may eventually be altered at the final hearing.
Contact a Skilled South Carolina Family Law Attorney
If you are contemplating a divorce or separation from your spouse, contact a passionate South Carolina family law attorney . Greenville lawyer Lauren M. Taylor knows how difficult and stressful it is to go through a contested divorce. We ensure your rights are protected, and that you get the immediate relief necessary to get on with your life. Serving the entire Upstate area, staff will guide you through the entire legal process, while always looking out for your best interests. Contact our office today for an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.