What is the difference between a Temporary and an Emergency Hearing?
In Georgia, parties motion for two types of hearings before resolving the case or going to a final trial.
What is a Temporary Hearing?
Most family law cases (child custody, divorce, alimony, etc.) have a Temporary Hearing in front of the Court. As the name indicates, they are used to provisionally address matters that cannot wait until the final case resolution. These matters often included visitation, child support, alimony, or a division of property.
For example, a temporary hearing may order a Father to pay $200 weekly for child support to the Mother until the case is resolved. Temporary orders are meant to help parties while they wait for their final case determination.
Either party can make this request to address matters pertaining to the case. The judge appointed to the case decides when to schedule the hearing, and it may take time to get on the calendar. Some judges have open dates throughout the month, while others dedicate specific weeks or days to domestic cases.
What is an Emergency Hearing?
To request an emergency hearing, the party must first file a motion with the Court. The motion must explain the reason for the request, and the Court may not deem the matter a nonemergency. Typically these hearings are called for issues related to child custody. Once granted, it can take anywhere from a few days to a few weeks before the hearing occurs. The judge will hear both sides of the argument and make a ruling that generally lasts until the final order is reached.
Need an Attorney in the Atlanta Area?
Family law is complex and extremely personal; it’s essential to seek representation with experience when hiring an attorney. Contact our law firm in Marietta, Georgia by calling 770-415-8500 or requesting your appointment by filling out the form below.
