Temporary Hearing
After the "Complaint" is filed, your attorney can
file a "Motion for Temporary Custody and/or Allowances." This motion,
and the "hearing" related to it, can
be extremely important. At the hearing, the judge can decide issues relating to temporary
custody, temporary child support, temporary alimony, temporary attorney‘s fees, exclusion
from the marital residence, physical and financial restraining orders, and other matters.
Because the courts are very busy with many cases, judges in Nebraska typically do not have
time to listen to "live" evidence at a temporary hearing. Your attorney usually presents
facts to the Court in the form of affidavits. These affidavits are sworn statements, made
under oath, by divorcing parties and other witnesses. Your attorney presents your affidavits
and argues your case based on their contents. Your participation in preparing these affidavits
is critical to proper representation and good results in your case. The "
Information We Need From You" section of this website, under
the "Our Relationship With You" heading should be
completed to the best of your ability. This
information will be used to prepare your affidavits. Obviously, your focus and attention to
this is a priority. We understand that this is a very difficult time for you and that it is
sometimes difficult to concentrate. However, we cannot learn the intricate details of your
marital partnership without your absolute commitment to assisting us. Often, our clients
have relatives or friends that help them with these "nuts and bolts" issues.