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Hi my name is Nick Murphy jeez and right now I'm and explain what happens during motion for temporary relief in South Carolina motions for temporary relief are filed in family court cases whether#39’s a custody case or a divorce case Ora case seeking separate support and maintenance while the parties are separated and what a motion for temporary relief is basically one of the two parties is asking the court for some kind of temporary interim ruling, so it could be a temporary decision on who has custody of the kids to be a temporary decision on whom gets to stay in the marital home who gets to drive what car temporary decision on whether one spouse has to pay alimony tithe other spouse during the process of the lawsuit a temporary ruling that on espouse can't contact the other spouse most of the relief that you would ask for in you know in a final divorcethere'’s kind of temporary version fit particularly alimony or for anon-working spouse you could ask for the other spouse to have to pay your attorneys fees the issue with motions for temporary relief is they only generally lasts about 15 minutes the court hearing only lasts about 15minutes and that#39’s not a lot of time to make a decision about how things are going to be situated for generally the next year going forward so these arcane be pretty high stakes hearings, and you know if we always encourage our clients to at least try to talk to the other side and see if their#39’s areas that they can agree on just so that they reduce any uncertainty that comes with these hearings now in a lot of the times you know there will be one party bringing a divorce and then the other party gets served with papers and that hearing is coming up in like ten or eleven days and so the person getting served is you#39’re really going to have to scramble to put together the money to hire a lawyer and then to be prepared for that hearing to have the lawyer you know spend the time with them to sit down and be prepared for that hearing son a lot of ways these motions can behind of surprising, and you want to be prepared for them in general in motions for temporary relief the standard motion unless somebody is asking the court to-do things differently which is prettyrareneither side testifies neither the husband nor the wife have to say anything in court instead what will happen is the lawyer will prepare an affidavit for that person so a written statementthat'’s been verified like sworn testimony laughter you#39’ll get it notarized their notary public another#39’ll explain you know what's happened why you are where you are now and what kind of relief you're looking for you know whether you want use of the home or temporary support, or you want use of the car explaining why you should be entitled to that and what you'reseeding like I said that#39’s its only Ina written forms the lawyers going Mohave to meet with the client beforehand and help them really prepare that affidavit in addition to that each party is...
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