The first time you enter a courthouse after a complaint for divorce or modification has been filed is often to attend to a Motion for Temporary Orders hearing. Many people think that after listening to both your attorney and your ex’s attorney make their arguments, the Judge issues a Temporary Order on all the issues brought before them and you and your ex move forward with life and your case is done, unfortunately that is rarely the case.
Motion hearings are very common in both divorce and modification cases, however they do not end the case, their purpose is to put an order in place until the judge makes a final judgment after hearing all evidence from both sides at trial.
That first Temporary Order that the Judge issues in your case can be very instrumental in determining the direction your case will take moving forward. It provides both sides and their Attorneys with an insight into the Judge’s thoughts on your case and can promote settlement negotiations.
On the flip side, during a Motion for Temporary Orders hearing the Judge has very limited time and information on which to base a well-informed decision. The Judge does not have the opportunity to review any evidence from either Party or listen to testimony from witnesses prior to making their order, and will only have that opportunity if the Parties do not settle and instead move forward with a trial.
Grossman & Associates, Ltd.