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I’m getting a divorce in Iowa.  What is a temporary hearing?

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By Isabella M. Erickson and Kecia C. Van’t Hof


When you file for divorce, you may believe that in a month or two, everything will be split up and decided by the court—your property, child support, custody, alimony, etc.  While some people believe getting a divorce is quick and easy, in reality, it takes a lot of time and effort.  Having an experienced attorney can be extremely helpful, especially when you and your soon to be ex-spouse do not agree on everything.


Iowa courts are busy.  Trial dates can be many months out from the time you file a Petition.  Once you get to the actual trial, the court’s order can take several months to come down—meaning that, you could still be technically married for several months after the trial date. Even if you agree on everything, you need a judge to sign off on your agreement and this could take time as well. If everything takes so long, then what are you supposed to do about child support, alimony, and custody in the interim?  That’s where the temporary hearing comes in.


The hearing on temporary matters addresses issues that cannot wait until the final trial.  This includes temporary child support, alimony, and attorney’s fees.  It also includes temporary custody arrangements.  The purpose of these hearings is to keep everything as safe, normal, and steady as possible until you get to trial. It also provides for the short-term resolution on how to handle the marital expenses while the matter is pending.


Temporary hearings are scheduled much more quickly than trials, and the orders are issued sooner.  This is because temporary hearings are short—they are one hour long, with each side having half an hour to present evidence on all of these complicated issues.  The court system recognizes that you cannot give the judge a clear picture of what’s going on in just half an hour, so you are allowed to submit four affidavits and two rebuttal affidavits.


An affidavit is a sworn statement.  This means it is like testifying in court, where you take an oath and promise to tell the truth.  For the temporary hearing, your affidavit should explain the most important details of what is going on, and why the court should order what you are asking for.  For example, if you are asking for primary custody of your kids because your spouse or ex-partner has a drug problem, you would honestly explain their problem and why they should not have the children during over nights.  You will also have a chance to have three of your close friends or family members write affidavits about their observations and opinions which will help aid the court in its decisions.


The judge will read the affidavits, listen to testimony at the hearing, and make a temporary decision on the issues.  That way, you will have a court order to help bridge the gap until trial. Temporary hearings are extremely important, and could be necessary in your divorce depending upon the urgent issues at hand. For this reason, you should consult with experienced counsel throughout the divorce process.


If you are seeking a divorce, contact the experienced attorneys at Gehling Osborn Law Firm, PLC.

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