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What issues does a temporary relief hearing take into account?

| Jan 30, 2016 | Child Custody |

Getting a divorce can be very complicated. There are usually a number of issues that must be resolved including alimony, distribution of property, child custody and child support and sometimes these issues can take many months to iron out. That’s why in Minnesota divorcing spouses can request a temporary relief hearing during the early stages of a divorce. But what divorce issues does a temporary relief hearing consider?

The temporary relief hearing takes place very early during the divorce process, usually just after the Petition for Divorce has been served and either of the spouses can request the hearing. The party asking for the hearing must first serve the papers for the hearing to the other party. This petition also includes an affidavit that must be signed. The papers must also include specific information about the spouses including their expenses and income, which parent currently has custody of the children and if the other parent should be granted custody. These forms must be completed by both sides before any hearing.

Once the hearing is convened, the judge will carefully review the paperwork that the couple has filed. Temporary relief hearings usually do not require testimony from either of the spouses. At the hearing the judge will make a decision regarding all matters discussed in the paperwork. This can include child custody, child support and parenting time as well as who can live in the home and who can use the family’s cars. Both parties must abide by this decision. Of course these decisions can change once the couple’s divorce is final.

Filing for a temporary relief hearing can become fairly complex. However, any Minnesota resident who is considering employing this motion may want to speak to a child custody attorney in order to get a better idea of how this process works.

Source: lawhwlpmn.org, “Getting a divorce,” Accessed Jan. 23, 2016

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