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What happens in a "temporary hearing"? How temporary is it?
In a "temporary" hearing the judge decides on matters of custody, child support, and spousal support, if any, to be in effect until the case either comes to trial or settles. Be aware that the term "temporary" is often misleading- most "temporary" orders end up becoming permanent orders.
Here's how this happens: For example, take a case where the judge rules that parent 'A' is to have temporary custody until the case is heard. The court date is 6 months away and during that time the children are with parent 'A' most of the time.
When the case comes to trial (or settlement), the judge will normally state that since the children have been with parent 'A' for the last 6 months, they now have an "established custodial environment".
The judge will be reluctant to change the status quo at this point, and as a result the children will remain with parent 'A'.
The longer the 'temporary' orders are in effect, the more likely it is that they will become permanent. The example date above of 6 months is optimistic; court dates set 9 to 12 months out from the date of filing are not uncommon.
"Temporary" is one of the most misleading words used in the divorce and custody arena. Never agree to anything in a "temporary" hearing that you wouldn't want made permanent, because that's usually what happens.
I have been married for less than a year. Can I annul my marriage, or do I have to file for divorce?
I have been married for less than a year. Can I annul my marriage, or do I have to file for divorce?
Generally, you'll need to file for divorce. In some cases you may be able to get the marriage annulled, but this will not invalidate child support obligations, if any. (Note that many States no longer use the term "annul" or "annulment", but instead use "invalidate".
The general procedure for obtaining an annullment or invalidation is substantially the same, as are the results. The marriage is dissolved and is presumed to be legally non-existant.)
How is an annulment different from a divorce?
Similar to a divorce, an annulment is a court procedure that terminates a marriage. The difference is that an annulment treats the marriage as though it never happened.
A divorce ends a valid marriage, whereas an annulment declares that the marriage never existed. Most annulments take place after a marriage of a very short duration -- a few weeks or months.
When a long-term marriage is annulled, most States treat the issues of custody, child support, and property and debt division the same as they would in a regular divorce.
What is the legal time frame required to file for an annulment?
The time limit for filing an annulment varies depending on the state and the reason for the annulment
In general, you must ask for the annulment within the first five years of the marriage. However, each of the four reasons for annulment have different time limits on them:
In general, you must ask for the annulment within the first five years of the marriage. However, each of the four reasons for annulment have different time limits on them:
- For the inability to consent, the limit is 90 days after finding out about the described condition.
- For the inability to consummate, the limit is one year after the marriage.
- For underage marriages, the limit is until the underage party turns 18.
- For marriages that violated the 30-day waiting period for remarriage after divorce, you must file for annulment within one year after you were married.
- For marriages that violated the 72-hour waiting period after getting license, you must request an annulment within 30 days after the ceremony.
My spouse and I purchased a car recently; now we're divorcing. What should we do about the car? Is it community property?
If you're in a community property State, the car is community property. However, that's just one issue. Another issue is that you signed the loan papers. Therefore, if your spouse keeps the car but defaults on the loan, the loan company will come after you.
In settlement, if your spouse is keeping a jointly-owned vehicle, request that they agree to refinance the car in their name only. That will properly remove any financial responsibility from you.