The Temporary Hearing Process in Nebraska
Filing for divorce or paternity can mark one of the most difficult periods of your life. All that you knew to be your family, home, and finances is now cast into doubt. Most of these and other matters cannot be put on hold for months pending the outcome of your case. In Nebraska, you are allowed to move for a temporary order until your case is concluded.
A motion for temporary allowances can request a variety of relief from the court. Such relief includes temporary custody of your children, financial allowances like child support and expense sharing, and mutual restraining orders. If you are filing for divorce, such relief can be expanded to include property, including temporary possession of your house, division of financial accounts and personal items, and temporary payment of marital debt and expenses. During this period, if minor children are involved you will also be required to comply with the Parenting Act, which includes taking your parenting class and attempting mediation.
The court’s goal in such temporary orders can be to maintain the “status quo,” if possible, between the parties. Of course, what was or is the status quo is what you pay your legal team to advocate for at the hearing. For instance, if both parents have been performing basic parenting functions before filing, then the court may want to maintain this by awarding joint legal and physical custody. If one parent stayed at home while the other built a lucrative career, the court may award temporary alimony and possession of the marital home to that parent so as to maintain this arrangement. If the kids were previously enrolled in extracurricular activities, the court may want to maintain this continuity and order expense-sharing for the activities.
Temporary hearings are conducted via written affidavits; i.e., sworn statements from supporting witnesses. These supporting witnesses should be people with firsthand knowledge of your case. Family members are most typically used, although affidavits also come from good friends, neighbors, and others with first-hand knowledge of your situation. In cases where child support or alimony is calculated, you will want to provide paystubs and other income information to your attorney. All supporting materials must be submitted to your attorney and the court for review prior to hearing.
Temporary orders are issued shortly after hearing. The order issued can give you and your attorney a good idea of how the judge sees the case on first impression. Of course, impressions can always change. The court may enter different orders in your final decree based on events during the course of your case. Make sure to keep your attorney posted on such changes as they happen. Hopefully, your concerns can be redressed during this temporary period. If not, then the court will make final decisions on all unresolved issues at trial.
It is only temporary, but such orders are meant to give just that – order – during what can be one of the most trying times in your life. For further assistance and advice with this and other issues in your case, please contact the experienced team of family law experts at Slowiaczek Albers & Whelan PC, LLO to schedule your initial consultation.