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What is a Temporary Hearing?

The first hearing in an Ohio divorce will be a temporary hearing, which will be scheduled within four to six weeks after the filing of your divorce complaint. A temporary hearing is a one hour hearing which takes place before a Court Magistrate. A Court Magistrate is a hearing officer who hears most preliminary matters involving your case – including temporary hearings, contempt of court motions and the like. The Court Magistrate does not preside over the final trial.

Generally speaking, the purpose of a temporary hearing is to obtain temporary orders from the Court, which will remain in effect during the pendency of the divorce action. These temporary orders include allocation of parental rights, child support, spousal support, who will reside in the marital residence, payment of bills, maintenance of insurances, and other important issues involving the children or finances. The temporary hearing is not for the purposes of discussing the cause of the marital break-up nor the division of marital property.

Within one to two weeks after the temporary hearing, the Court Magistrate will issue a report, which will contain recommendations regarding the above issues. We will mail you a copy of the Court Magistrate’s Report as soon as we receive the report from the Court. Either spouse will have the right to file a Motion to Set Aside the Magistrate’s Order within a period of 10 days from the date of the report.

If you file a Motion to Set Aside the Magistrate’s Order or object to a Magistrate’s Decision, we will be required to submit a brief and transcript of the proceedings to the Judge setting forth in detail why we disagree with the Court Magistrate’s Report. Your spouse’s attorney will have a period of 10 days from the date which we file our Motion to Set Aside the Court Magistrate’s Report to file a responsive brief. Both briefs are reviewed by the Judge who has the right to do any one of the following:

  • Agree with the Court Magistrate and affirm the Court Magistrate’s Report;
  • Remand the matter back to the Court Magistrate for further hearing;
  • Amend the Court Magistrate’s Report without any further hearing.

It has been our experience that in the vast majority of cases, the Judge generally agrees with the Court Magistrate’s original report.

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