Temporary Hearings Law in Georgia
Georgia Family Law and Divorce Temporary Hearing Lawyers: Alpharetta, Roswell, Johns Creek, Milton, Cumming, Metro Atlanta Area
Coleman Legal Group, LLC’s attorneys practice in the area of Temporary Hearings in Georgia. If you have been summoned for a temporary hearing, the attorneys at Coleman Legal Group, LLC can help make sure your rights are protected. Temporary hearings are very different from ordinary civil proceedings in that different set of court rules apply. For example, the overall merits of the main case are not at issue in a temporary hearing. O.C.G.A. Section 19-6-3.
Rather, the purpose of a temporary hearing is to establish financial support for one of the parties during the time the main case is progressing. This support may include, but is not limited to:
- Temporary Child Support
- Temporary Custody and Visitation Rights
- Temporary Alimony / Spousal Support
- A Court Order mandating that one party pay the utility bills, mortgage, auto payments, etc. for the benefit of the other party
- A Court Order mandating that one party pay all or some of the Attorney’s Fees of the other party
During a temporary hearing, each party may present their own oral testimony and that of one other witness. Any additional witnesses may testify via deposition or affidavit. Georgia Uniform Superior Court rule 24.5(A).
Affidavits by additional witnesses must be served upon the opposing party / counsel no less than twenty-four (24) hours prior to a temporary hearing. Georgia Uniform Superior Court rule 24.5(A). If the temporary hearing involves alimony and/or child support, each side must present a Domestic Relations Financial Affidavit (DRFA). Georgia Uniform Superior Court Rule 24.2. If the temporary hearing involves child custody / visitation, both parties should present a Parenting Plan, Child Support Addendum and Child Support Worksheets to the judge at the hearing.
In Georgia, the rules of evidence are relaxed during temporary hearings. For example, the Court may admit hearsay, although it technically has no probative value. Gray v. Gray, 226, GA. 767, 768, 117 S.E. 2d 575 (1970). However, one should not expect that just because the rules of evidence may be relaxed during a temporary hearing – that the judge will allow any and all evidence to be admitted.
Rehabilitative alimony when awarded grants payments made by one spouse to another for a limited period of time. Rehabilitative alimony is designed to allow the person receiving money to prepare to become financially self-sufficient. During this time, the person receiving alimony is expected to look for full time employment and/or receive and education that would lead to full time employment.