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Typical divorce subjects covered by a temporary relief hearing

Getting a divorce in Virginia can be very complicated. There are usually a number of issues that must be resolved including alimony, distribution of property, child custody and child support. Sometimes these issues can take many months to completely iron out. That's why divorcing spouses can request a temporary relief hearing during the early stages of a divorce. So here is a brief look at the topics that may be included in a temporary relief hearing.

The temporary relief hearing addresses many of the areas of a divorce that cannot wait until a court issues a final divorce order. It can take place early during the divorce process, usually just after one of the spouses has filed the petition for a divorce. The party asking for the hearing must first serve papers for the hearing to the other party. This petition may also include an affidavit that must be signed. The papers must also include specific information about the divorcing spouses, including their expenses and income, which parent currently has custody of the children and if the other parent should be granted custody. These forms must be completed by both sides before any hearing.

Once the hearing is convened, a judge will carefully review the paperwork that the couple has filed. Temporary relief hearings usually do not require testimony from either of the spouses. At the hearing the judge will make an initial decision regarding all matters discussed in the relief paperwork. This can include child custody, child support and parenting time as well as who can live in the home and who can use the family's cars. Both parties must abide by the judge's decision. Of course these decisions can change once the couple's divorce is final.

Filing the paperwork for a temporary relief hearing can become a fairly involved process.

Therefore, those who are considering filing for a hearing may want make sure they understand how this process works.

Source: FindLaw, "Family court decisions: temporary orders", Accessed Sept. 12, 2016

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