What to Expect at the Hearing

Your next step is to attend the court hearing where the judge will consider your request. In emergencies, the hearing can be held within a few days, but more often it will be a few weeks.

The hearing may be held in a courtroom or just in the judge's office or "chambers." The judge may listen to a few minutes of testimony from you, your spouse, and possibly other witnesses. Or the judge may only accept written evidence.

To support a request for temporary child support, you will probably need to produce copies of an income and expense budget -- or you may have had to fill out income and expense forms before you even filed the request -- and the judge will review them.

The judge will:

• review the details of the requests and the underlying facts
• possibly ask you some questions
• ask your spouse, if present, for his or her side of the story, and
• in child support cases, refer to state guidelines on recommended support, looking at factors such as each spouse's income and who has primary custody of the kids.

Often this kind of hearing takes less than 20 minutes. At its conclusion, the judge will likely make an immediate ruling, usually either issuing the temporary order you requested or modifying it somewhat. The order will stay in effect only until the divorce is finally settled, either through a trial or when you and your spouse reach an agreement.

However, if the judge needs more information is needed, or finds that your spouse wasn't given the proper notice before the hearing, the judge may issue an order that is effective only until another hearing can be held.