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Temporary hearings in a Georgia divorce: support and custody while the case goes on
Summary
A divorce can take months. While it's pending, either spouse can ask the judge for temporary orders on child support, custody and temporary alimony, including money to cover the costs of the case.1, 2
Temporary orders last until the final decree. The judge can change them along the way, and they can be enforced by contempt.2
What a temporary order can cover
- Temporary child support, figured with the same guidelines used for a final order.1
- Who has the children until the final judgment. The judge can require a parenting plan for the temporary hearing.1, 3
- Temporary alimony for either spouse, including the expenses of the case itself.2
- Attorney's fees, based on both spouses' finances.4
How the judge decides temporary alimony
The judge hears from both spouses and looks at what each needs to get through the case, along with any separate money or property each has. The judge can refuse temporary alimony if the spouse asking has plenty of separate money compared with the other. The judge doesn't decide who's at fault at this stage, but can look at why the spouses separated.2
Asking for a temporary hearing
You file a request with the court, often along with the complaint or the answer. The court then issues a rule nisi, an order that sets the hearing's date and time and tells the other spouse to appear.
If child support, alimony, property or attorney's fees will be decided, each spouse must serve a sworn financial affidavit on the other at least 5 days before the hearing. Some counties require it earlier; DeKalb's standing order, for example, requires 10 days.5, 6
After the order
- Either spouse can ask the judge to revise a temporary alimony order at any time while the case is pending.2
- If a spouse doesn't pay, the order can be enforced by contempt or by a writ to collect the money.2
- A spouse who doesn't follow a temporary alimony order still keeps the right to pursue or defend the divorce.2
- Temporary orders don't decide the final outcome, but they often set the pattern for how things run until the case ends.
Rules that apply even without a hearing
Many Georgia courts issue a standing order at the start of every divorce. It limits things like moving the children away, selling property or canceling insurance while the case is open, without anyone asking for a hearing. Your county's page says whether its court has one.
Questions you might ask a lawyer
- Do I need a temporary hearing, or will the standing order cover what I'm worried about?
- What should my financial affidavit include, and when is it due in my county?
- Should I ask for temporary attorney's fees?
- How might temporary custody affect the final decision?
Common questions
Can I get child support before the divorce is final in Georgia?
Yes. The judge can order temporary child support while the divorce is pending, figured under the state guidelines.1
How long does a temporary order last?
Until the final decree, unless the judge changes it sooner. A temporary alimony order can be revised at any time on request.2
What if my spouse ignores the temporary order?
You can ask the court to enforce it. A temporary alimony order can be enforced by contempt or by a writ to collect the money.2
Sources
- ^ O.C.G.A. § 19-6-14, temporary child support and custody (Justia)
- ^ O.C.G.A. § 19-6-3, temporary alimony (Justia)
- ^ O.C.G.A. § 19-9-1, parenting plans (Justia)
- ^ O.C.G.A. § 19-6-2, attorney's fees in divorce (Justia)
- ^ Uniform Superior Court Rule 24.2, financial affidavit (Supreme Court of Georgia, PDF)
- ^ DeKalb County standing order for domestic cases (PDF)
Laws and court rules change. If something here looks out of date, email help@divorce.city.