Divorce is seldom a quick process. While the case is pending, life doesn’t stop. There are questions about the house, the cars, the bills and the kids that all have to be answered right away.
In general, Ohio courts issue temporary restraining orders, or TROs, as soon as a divorce is filed that set expectations and limits on both spouses. Ohio Civil Rule 75 permits the court to also issue orders regarding possession of the home, spousal support, child support and custody. Usually, these orders are based on financial affidavits and other documents submitted to the court – but sometimes a hearing is required.
Disputes and changes in the temporary orders require more work
After a temporary order has been established, either spouse may submit a written request for a hearing to modify it. The court must grant the requesting party a hearing within 28 days.
A hearing is appropriate if the order relies on incomplete or inaccurate information. For example, one spouse may have understated their income, overstated their expenses or provided an unrealistic description of the children’s routine and needs. A hearing may also be needed when an order creates serious financial hardship or a parenting schedule does not work in practice.
Requesting a hearing does not suspend the existing order. Support payments remain due and the temporary parenting arrangement stays in effect unless the court changes it.
What should you expect at the hearing?
Procedures vary by county. The hearing may take place before a judge or magistrate, and each side may have limited time to present a position. Depending on local rules, the parties may provide testimony and documents such as:
- Pay stubs and tax returns
- Bank statements and household bills
- Child care and health insurance costs
- Proposed parenting schedules
- Records showing the children’s daily needs
The hearing generally focuses on disputed information and whether the existing order should be modified.
Is the resulting order permanent?
An order issued after a Rule 75 hearing is still temporary. It does not decide the final outcome of support or parental rights, which may be resolved through settlement or trial.
Temporary orders can, however, affect a family for months and establish routines that influence negotiations down the road, especially regarding children. If an order is based on incorrect information or creates an unworkable arrangement, an oral hearing offers an opportunity to ask the court to correct it.
If you’re approaching a divorce, it is always wisest to discuss your goals as early as possible with an experienced attorney.