When can you request a preliminary hearing?

You should discuss whether you need a preliminary hearing with your attorney in either the consultation or your first meeting with the attorney. A preliminary hearing can be requested by the petitioner which is the party that files for divorce when they file the petition for divorce. It can also be requested by the respondent at any time after they receive the petition for divorce. The preliminary hearing can be set by the court as soon as the court has availability and can be heard before the 60 days required “cooling off” period before a divorce can be finalized. If there are situations that require an emergency hearing to be held you can also request that, and occasionally the court can try to get you set sooner than it normally would be able to because of emergency situations.

– Answered by Jaimie Cairns of Cairns & Rabiola

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