A Temporary Order Hearing is usually the first time all parties have Court for the first time in their case. In this post, we are going to take a look at what a Temporary Order hearing is and what it means in Oklahoma Family Law Cases.
A Temporary Order hearing is the first opportunity the assigned Judge has to hear from both parties in the case. This is your opportunity to state your case and to get a feel for what the Judge would decide given the facts. Often times this would mirror the outcome at trial unless there is critical evidence that needs to be presented. It is very imporatnt that your attorney has all the facts in order to set you up for success.
This hearing will also be an opportunity for you to gain clarity on who is going to pay for what during the remainder of the case, such as the mortgage, utilities, and car payments. If there are kids involved then you will also have a determination on temporary custody, visitation, and child support. After this hearing you will have a road map for what your life is going to look like between now and the end of the case.
Now, while the Temporary Orders that are awarded by the Judge are important they are not the final orders in the case. The reason that there is a a lag time between the Temporary Orders and the conclusion of the case is so the parties can determine the likelihood of success based on these new guidelines. Sometimes both parties find that this new structure eliminates stress and will work moving forward so a settlement makes sense. On the other hand, some parties feel like the Judge needs to hear all the evidence and trial is absolutely necessary.
Regardless of which side of the coin you find yourself the Temporary Order Hearing sets up for the negotiation period of the case. This will allow for the parties to decide if we need to get on the trial docket right away or if there is a potential to settle things. A Motion to Enter is the logical next step in the case when there is no clear settlement or compromise and the Court is going to have to help the parties in making a decision.
But What About???
Every family law case is unique and has certain individual characteristics with it. Because family law cases are a court of equity, meaning the Judge will attempt to find a fair or equitable division of assets, there is no way to explain every wrinkle of potential issues in one post.
If you read this post and have questions about your individual situation, please call us so that we may discuss it in more specific detail.
I also consider this a living document where we update and tweak this process as things change in procedure and with specific counties. Please bookmark our main page Stages of an Oklahoma Family Law Case. You can also reach our office at 405-889-1439.