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Divorce: Provisional Hearing, Help While You're Waiting

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Published: 13Jul2009
Word count: 414
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So, he walked out. She moved back in with Mom and took the kids. What can you do to protect yourself?

You can file a divorce petition which will tell the court you want to get single. It also starts the "cooling off" period, so you can get your divorce when the time is up.

However, you may have kids to support or debts that need immediate attention. You may need the car your spouse took, or you may need his / her help to survive. If you need help right away, you will ask the court for a "provisional", "interim" or "temporary" order.

Unfortunately, our courts are so busy it may be hard to get the help you need immediately. In smaller jurisdictions, you may be able to get your case in front of a judge right away. However, in larger cities, it may be harder to get a court date. If there is an emergency, the court should hear your case right away.

If you need help, the first thing you should do when you file for your divorce is ask for a "provisional" or "temporary" order. This order will establish your financial obligations and rights while the divorce is "pending". It will also address such issues as temporary custody of and visitation with any children of the marriage. The child support will be established for the time being. Finally, the court will deal with important issues such as who should live in the house, pay the mortgage, and generally keep the family functioning until the time is up and the divorce can be granted.

Usually, the provisional hearing won't be scheduled for much time on the court's calendar. The judge can only make temporary orders now, and a lot can change before the final hearing. He / she doesn't want to waste a lot of time hearing evidence that may or may not mean anything when it is time for the divorce to be final.

The court will rule on urgent concerns such as mortgage and car payments. Anything that can be put off till the final hearing probably will be. There are a lot of people asking the court for help, but the sooner you put in your request, the more likely you are to be given a quick date on the judge's calendar. You are well advised to hire an attorney for this procedure. He /she will know the local judge's policies, and can keep your case on the right track.

Lucille P. Uttermohlen has practiced family law for 27 years. Her specialties include divorce, guardianship, paternity, adoption, probate and criminal law. For a free ebook on the divorce process, visit Lucille at http://www.couple-or-not.com

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