During a divorce, it’s not uncommon for issues to arise that need immediate decisions from the court. That’s when spouses turn to evidentiary hearings. From emergency protective orders and temporary custody orders to resolutions of specific factual disputes, evidentiary hearings can be essential to a fair divorce order. Evidentiary hearings in California divorces can be difficult to navigate without an experienced attorney by your side.

What Is an Evidentiary Hearing?

An evidentiary hearing is a divorce court proceeding in which spouses bring a contested issue before a judge, and it cannot wait until the final order is issued. These issues often include disputes over facts, child custody, and spousal support. When a judge issues a decision during these hearings, particularly temporary orders, they remain in place until the end of the case unless a significant change occurs.

While these are often called “mini trials,” their scope is much more restricted than the final divorce hearing. They’re often faster and focus on resolving immediate issues rather than the entire matter.

Requesting an Evidentiary Hearing During a Divorce

To request an evidentiary hearing during a divorce, you must file a motion with the court detailing your reason for the request. You must have a specific reason to request a hearing, particularly a matter that requires immediate attention. With over 200,000 divorce petitions filed annually in California, the courts are already quite busy, so judges only accept evidentiary hearings regarding matters that are imminent.

First, you’ll file an FL-300 form and submit supporting documents. You’ll include the reason for the request and a witness list, if applicable. You’ll want to request the first available hearing get the matter resolved as quickly as possible. Finally, you must serve your spouse with the request under California law.

What to Expect During an Evidentiary Hearing

During an evidentiary hearing, the judge may focus on resolving the specific issue at hand rather than the entire divorce case. You can expect to give live testimony and admit evidence for the court to consider. Each side may present witnesses to speak on the matter, introduce documents, and cross-examine the other party. In many ways, these hearings are similar to trials. You can expect the judge to issue temporary orders, although those decisions do not factor into the final divorce order.

Why Choose Benefield Faulk Law – Family Law Trial Advocates P.C.

In California, 67% of parties in family court are self-represented. This puts many people at a serious disadvantage, as they likely aren’t familiar with the state’s laws or their local court’s procedures.

When you’re going through a divorce and need to have an urgent matter heard by a judge, you want an experienced attorney by your side, protecting your rights. Turn to Benefield Faulk Law – Family Law Trial Advocates P.C. for the representation you deserve. We have over 15 years of experience handling complex divorce cases, and we can put our knowledge to work for you.

Our founding attorney, Tamara Shari Benefield, is recognized as an “Elite Advocate” by the American Institute of Legal Advocates, putting us in the top 1% of family law attorneys in the state. What’s more, the National Bar Association has included Ms. Benefield in the “Top 40 Under 40” list. You can trust Benefield Faulk Law – Family Law Trial Advocates P.C. to stand by you every step of the way during your divorce. We’re dedicated to providing the compassionate support you deserve.

FAQs

What Are Common Issues Addressed During Evidentiary Hearings?

Common issues addressed during evidentiary hearings include temporary custody orders, temporary spousal support, specific assets division, and evidence disputes. Any issues that demand immediate attention could warrant an evidentiary hearing. These hearings aren’t meant to act as final decisions, and orders put in place during them should not be weighed when the judge makes their final order.

Can You Present Witnesses During Evidentiary Meetings?

Yes, you can present witnesses during evidentiary meetings to support your claims. A witness can testify under oath on your behalf, but they may be open to cross-examination. Keep in mind that you don’t just want to call a character witness. You want someone who has direct knowledge of the facts of the case. Judges can reject witnesses if they feel their testimony may be repetitive or irrelevant.

Do You Need an Attorney for an Evidentiary Hearing?

You are not legally required to have an attorney for an evidentiary hearing, but it’s a smart move to hire one. Divorce laws are complicated, and the court doesn’t typically give you a break on legal or procedural violations just because you chose not to have representation. An attorney can handle all evidence collection on your behalf. They can negotiate with the other side and represent you in front of the judge during evidentiary hearings.

What Should You Avoid Saying at an Evidentiary Hearing?

During an evidentiary hearing, you should always avoid inflammatory language and lying. The goal of these hearings is to set facts straight and address any pressing issues that cannot wait until the final divorce order is handed down. Insulting your spouse or telling lies only makes it more difficult to resolve the matter at hand, and it may even work against you when it comes time for the judge to rule.

Hire a Divorce Lawyer from Benefield Faulk Law – Family Law Trial Advocates P.C.

When an urgent issue arises during your divorce proceedings that requires immediate court intervention, you have the option of requesting an evidentiary hearing. The importance of these hearings cannot be overstated, as they can have serious impacts on your life while you wait for a final divorce order. From temporary custody or spousal support to the establishment of material facts, these hearings can cover a range of issues. That’s why you should hire a divorce lawyer for assistance in your case.

Contact Benefield Faulk Law – Family Law Trial Advocates P.C. today to discuss your case and learn more about our services. Our California divorce attorney knows what it takes to succeed in evidentiary hearings. We approach each case with dedication and compassion, and our clients feel heard.