Very early on in your divorce process, you will likely hear the terms “hearing” and “trial” thrown around in conversations with your family law attorney. While it is easy to think, “Oh, they must be one and the same,” these terms are not interchangeable. There is actually a distinct difference between a divorce hearing and a trial.
This blog intends to break each term down into bite-size pieces so that you understand them moving forward.
Divorce hearing and divorce trial: what is the difference?
Hearings are “mini-trials” that happen while your divorce is still going on. A judge is presented with evidence unique to your case and will also listen to arguments and testimony from you, your spouse, or a witness on specific issues that may need to be ruled on earlier in the process. During a divorce hearing, a judge can hand down temporary court orders that everyone must follow until the divorce is finalized.
A few common divorce hearing issues include:
- Temporary child custody and visitation
- Protective orders
- Issues involving shared property
- Temporary child support and alimony
- Temporary restraining orders
- Anything else that may need to be ruled on before the case moves to trial
A trial happens at the end of your divorce and is meant to finalize everything. The judge will hand down final orders and decide on any outstanding issues that were not resolved or heard during hearings. While many of the judge’s rulings are temporary in a divorce hearing, they can be replaced by final orders by the end of the trial.
The way your divorce hearing or trial is conducted vary from state to state, but they typically proceed similarly. It is also important to note that your divorce lawyer will be by your side in each situation and will do most of the talking.
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If you feel that divorce is the answer, you need a trusted advisor to guide you through each stage of your divorce, keep you prepared, and help you deal with the stress that naturally comes with getting divorced. The Nelson Law Group brings nearly two decades of experience in family law to every case.
We work diligently to achieve a result that ensures you receive what you are entitled to. So, you move forward onto the next stage of your life. Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any further questions regarding this or any other issue. Our staff is always available.
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