How is a Temporary Hearing (for alimony or other expenses and potentially child custody) in a Divorce Action Different from a Final Hearing on the Merits (Trial)?

If you and your attorney have pursued a temporary hearing in a divorce action, there are several reasons that you were counseled to go forward with that temporary hearing prior to going to a final trial on the merits of the entire case.  It is important to understand that in a divorce, a temporary hearing is a hearing that is designed to maintain the status quo between the parties prior to their ability to seek or be heard by at a final trial.  

Many people get less than fair result at a temporary hearing because of the perception that they are required to maintain the typical and enduring financial relationship between themselves and their spouse until they are able to be heard at a final hearing.  It is very important to note that there are often times occasions where a party has been placed under a temporary order to pay, for instance, temporary alimony or continue to make car payments, mortgage notes and pay other expenses of their spouse, but when the parties finally get to trial its determined that no sufficient grounds for divorce exist.  As we have already discussed many times in this blog, the typical grounds for divorce (i.e. the most common) adultery, habitual cruelty, inhumane treatment, habitual alcoholism, addiction to an opiates or other similar drugs, and desertion.  Some other grounds for divorce do exist although they are not as commonly invoked such as incurable insanity, impotency, and bigamy.

It is important that any potential client realize that even if they do get a less than favorable result at a temporary hearing, it is likely because they have been the financial bread winner/provider of the relationship since the inception of the marriage.  There are some instances where the person paying the majority of the bills can and will get a favorable result at a temporary divorce hearing.  Those would include situations where a spouse lost a job due to misconduct, is employed far below their earning capacity, or has exhibited bad faith in the failure to seek adequate employment.  Clients need not worry if they are in a position that their result at a temporary hearing was less adequate than what they seek at a final hearing.  Often times, for instance, a mortgage note will be required to be paid by the person who has paid the mortgage note for the majority of or for the duration of the marriage.  However at a final hearing on the merits, if the person seeking to remain in the marital home cannot afford the mortgage note, it is unlikely that the court will continue to require the primary wage-earner to continue to make that payment, unless it is in the form of alimony.

Alimony has been discussed at length in several of our other blogs, but it is very important to know that the American Society of Matrimonial Lawyers have made a general suggestion and therefore proposed policy that at twenty years of marriage, alimony is almost assured to be paid unto the party needing the stability and experiencing the primary financial hardship as a result of the divorce.  We have seen situations where short term marriages do result in an award of alimony; however the very bottom end of the spectrum of people to be awarded alimony would be in the six to eight year marriage range.  Remember that alimony is based primarily on need, although the courts have recently made certain modifications to the Alimony Laws that indicate that a party who is more at fault is equal to or more at fault than their spouse in the cause of divorce will not be entitled to alimony, regardless of need.

These changes have given hope to the people who have been cheated on, abused, or generally had their rights within the marital institution violated although they have been in a short term marriage.  WE agree with this shift, and feel that it represents strong public policy.  Although we think there are many benefits to this change in the common law of the State of Mississippi, many changes are probably forthcoming in terms of clarifying the courts general position on whether or not the award of alimony is appropriate.  We continually strive to be abreast of the most recent changes in Mississippi law so that our clients are given fair treatment by the courts.  

If you need help with a temporary custody, child support, or alimony hearing, or if you have been served with process or a summons, indicating that you must appear in a Chancery Court in the State of Mississippi regarding a divorce action, we are best equipped to give you the proper guidance and counsel in order to help you effectuate your rights.  Please give us a call at (601)573-7429 or send us an e-mail at matthewspoole@gmail.com.  We will be glad to discuss your case with you and determine how best to proceed.

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