Family Court: Key Decisions Made on a Fast Track
What to expect if you go to court over a divorce or other family matter.
Typical lawsuits take months, if not years, to make it to court. But if you're getting divorced and need a quick decision from a judge about who gets the kids, the car, the money in the bank accounts, or the house--or if you need money for support right away--obviously you can't wait that long.
You don't have to. When couples separate, important issues are often resolved in a short hearing before a judge, instead of requiring a full-scale trial. These hearings are usually held in a special court, called family court in most states.
Commonly, these quick hearings are less formal than standard court hearings, and less intimidating. But their brevity means that you must be prepared and know exactly what you want. You may have only a few minutes to ask for it.
Temporary Orders
Let's say a husband moves out, and the wife who's left behind needs money to feed and shelter their children. Realizing that she would starve long before a full trial could be held, she is desperate for help. She can go to court to request a temporary order from a judge, even though a formal divorce action has not yet been filed. Her request will be put on a fast track, and a hearing scheduled within days or weeks.
Spouses can also ask a court to temporarily:
- order (restrain) a spouse from coming near or contacting the other (or, if he or she hasn't already done so, to move out of the family home)
- establish child custody and visiting arrangements
- provide for spousal support (alimony) and/or child support payments
- order either spouse not to sell valuable assets, and/or
- give possession of the family home or car to one of the spouses.
These temporary orders are usually valid until the court holds another hearing or until the spouses arrive at their own settlement through negotiation or mediation.
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Copyright 2005 Nolo
