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Options for the 120-Day Waiting Period

You indicated that you have already filed for divorce/legal separation and that you and your spouse are not able to come to temporary agreements on matters such as:

  • maintenance (spousal support),
  • whether one of the parties should be ordered out of the home,
  • who should have the use (not ownership) of certain property (such as bank accounts and vehicles),
  • who should make various payments on debts (such as a mortgage payment),
  • or if there are minor children involved, and you cannot agree on child support, custody, and placement,
  • or other issues that you think need court orders before the trial

If this is the case and you want the court to make temporary deicisions on some or all of the above issues you may request a Temporary Hearing.  Either party can make this request at any point in the process up until the date the divorce/legal separation is granted.  However, when making the decision to request this hearing please consider the date you are scheduled for your Pre-Trial COnference. It takes 2-3 weeks to get a hearing in before the Family Court Commissioner and the orders he makes are only applicable until a Circuit Court Judge grants the divorce or legal separation (which can be done at the Pre-Trial Conference date).

If you do not want to pursue a Temporary Hearing, please refer to your Procedural Checklist to prepare for your Pre-Trial Conference. 

If you do want to pursue a Temporary Hearing, please choose an option below:

My spouse and I do have minor children together or the wife is pregnant. My spouse and I do not have minor children together and the wife is not pregnant.

 


Page Last Updated: 10/16/2008 02:56:45 PM

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